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Minute Development and Infrastructure Committee Tuesday, 2 February 2021, 10:30.
Microsoft Teams.
Present Councillors Graham L Sinclair, Andrew Drever, Norman R Craigie, Robin W Crichton, David Dawson, J Harvey Johnston, Rachael A King, W Leslie Manson, Stephen Sankey, James W Stockan, Duncan A Tullock and Heather N Woodbridge.
Councillor John A R Scott, who had been invited for Items 8 to 10.
Clerk • Angela Kingston, Committees Officer. In Attendance • Gavin Barr, Executive Director of Development and Infrastructure. • James Buck, Head of Marine Services, Transport and Harbour Master. • Hayley Green, Head of IT and Facilities (for Items 8 to 12). • Roddy Mackay, Head of Planning, Development and Regulatory Services (for Items 1 to 16). • Colin Kemp, Corporate Finance Senior Manager. • Karen Bevilacqua, Solicitor. • Jackie Thomson, Development and Regeneration Manager (for Items 1 to 16). • Stuart Allison, Economic Development Manager (for Items 10 to 16). • Graeme Christie, Estates Manager (for Items 10 to 12). • Laura Cromarty, Transport Manager (for Items 14 to 19). • Gary Foubister, Trading Standards Manager (for Item 7). • Kenneth Roy, Roads Support Manager (for Items 1 to 5). • Susan Shearer, Planning Manager (Development and Marine Planning) (for Items 1 to 10). • Jordan Low, Economic Development Officer (for Items 14 to 16). Observing • David Custer, Engineering Services Manager (for Items 1 to 6). • Mark Evans, Animal Welfare Officer (for Items 1 to 5). • Rebecca McAuliffe, Press Officer.
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Declarations of Interest • Councillor Robin W Crichton – Item 15. • Councillor David Dawson – Item 3. • Councillor Andrew Drever – Item 13. • Councillor J Harvey Johnston – Item 7. • Councillor Rachael A King – Item 13. • Councillor Stephen Sankey – Item 15. • Councillor Heather N Woodbridge – Item 10. Chair • Councillor Graham L Sinclair.
1. Disclosure of Exempt Information The Committee noted the proposal that the public be excluded from the meeting for consideration of Items 15 to 17, together with Annex B of Item 13, as the business to be discussed involved the potential disclosure of exempt information of the classes described in the relevant paragraphs of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973 as amended.
2. Disclosure of Confidential Information The Committee noted that, as Item 18 contained confidential information of the class described in Section 50A(3)(a) of the Local Government (Scotland) Act 1973 as amended, the public must be excluded from the meeting for consideration of that Item.
3. Revenue Expenditure Monitoring Councillor David Dawson declared a non-financial interest in this item, being a Council- appointed Director on the Board of Orkney Ferries Limited, but concluded that his interest did not preclude his involvement in the discussion.
After consideration of a joint report by the Executive Director of Development and Infrastructure and the Head of Finance, copies of which had been circulated, and after hearing a report from the Corporate Finance Senior Manager, the Committee:
Noted:
3.1. The revenue financial summary statement, in respect of service areas for which the Development and Infrastructure Committee was responsible, for the period 1 April to 31 December 2020, attached as Annex 1 to the joint report by the Executive Director of Development and Infrastructure and the Head of Finance, which indicated a budget underspend position of £733,100.
3.2. The revenue financial detail by service area statement, in respect of service areas for which the Development and Infrastructure Committee was responsible, for the period 1 April to 31 December 2020, attached as Annex 2 to the joint report by the Executive Director of Development and Infrastructure and the Head of Finance.
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The Committee scrutinised:
3.3. The explanations given and actions proposed, in respect of significant budget variances, as outlined in the Budget Action Plan, attached as Annex 3 to the joint report by the Executive Director of Development and Infrastructure and the Head of Finance, and obtained assurance that action was being taken with regard to significant budget variances.
4. KIMO After consideration of a report by the Chief Executive, copies of which had been circulated, the Committee:
Noted:
4.1. That, on 12 November 2019, the Development and Infrastructure Committee recommended:
• That an elected member should be appointed to represent the Council on KIMO. • That the Council’s representative on KIMO should be a member of the Harbour Authority Sub-committee. • That Councillor Kevin F Woodbridge be appointed to represent the Council on KIMO.
4.2. That, following the death of Councillor Kevin F Woodbridge, a vacancy existed in respect of the Council’s representative on KIMO.
4.3. That the nomination to fill the vacancy in respect of the Council’s representative on KIMO would last for the remainder of the term of this Council, namely until May 2022.
The Committee resolved, under delegated powers:
4.4. That Councillor Heather N Woodbridge be appointed to represent the Council on KIMO.
5. Road Asset Replacement Programme After consideration of a report by the Head of Finance, copies of which had been circulated, and after hearing a report from the Corporate Finance Senior Manager, the Committee:
Noted:
5.1. The summary position of expenditure incurred, as at 31 December 2020, against the approved Road Asset Replacement Programme for 2020/21, as detailed in section 4.1 of the report by the Head of Finance.
The Committee scrutinised:
5.2. The detailed analysis of expenditure figures and programme updates, attached as Appendix 1 to the report by the Head of Finance, and obtained assurance with regard to significant budget variances and progress made with delivery of the approved Road Asset Replacement Programme.
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6. Churchill Barriers Wave Overtopping After consideration of a report by the Executive Director of Development and Infrastructure, copies of which had been circulated, the Committee:
Noted:
6.1. That, in October 2019, the Council agreed to undertake consultation, by way of a survey-based communication, to seek views on five options for wave overtopping at Barrier Number 2, with the following:
• Key national agency stakeholders. • Orkney Opinions. • All households in South Ronaldsay and Burray. • All Community Councils. • The main ferry operators. • Business representatives, including those servicing the main supermarkets.
6.2. That the consultation, referred to at paragraph 6.1 above, was undertaken during the period March to October 2020.
6.3. A summary of the survey results, as detailed in section 4 of the report by the Executive Director of Development and Infrastructure, with full details attached as Appendix 1, which indicated that there was no clear majority view emerging for any particular option.
6.4. Options for the next steps in respect of dealing with wave overtopping at Barrier Number 2, as detailed in section 5 of the report by the Executive Director of Development and Infrastructure.
Councillor David Dawson, seconded by Councillor Duncan A Tullock, moved that no further action should be taken to explore options for wave overtopping at Barrier Number 2 at this time, with a review of this option in several years’ time.
Councillor Stephen Sankey, seconded by Councillor Rachael A King, moved an amendment that:
(1) A wave overtopping project be promoted as part of the forthcoming prioritisation process for the Capital Programme, by updating cost estimates for a bridge solution and refacing the east side of Barrier Number 2.
(2) A project budget be established to support staff time resources and external consultant fees to enable cost estimates to be updated.
(3) The Executive Director of Development and Infrastructure should undertake to include the barrier project into the Strategic Transport Project Review 2, and seek to identify sources of capital funding from both the Scottish and UK Governments to progress the preferred solution to wave overtopping by means of a partnership approach.
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(4) The Executive Director of Development and Infrastructure should undertake to revisit points raised by the survey respondents in further detail, to identify any immediate short- term actions that would improve safety arrangements prior to the long-term resolution of the wave overtopping issue at Barrier Number 2.
The result of a recorded vote was as follows:
For the Amendment:
Councillors Norman R Craigie, Robin W Crichton, Andrew Drever, J Harvey Johnston, Rachael A King, W Leslie Manson, Stephen Sankey, James W Stockan and Heather N Woodbridge (9).
For the Motion:
Councillors David Dawson, Graham L Sinclair and Duncan A Tullock (3).
The amendment was therefore carried. The amendment then became the motion.
Councillor W Leslie Manson, seconded by Councillor James W Stockan, moved a further amendment, notice of which had been given, that:
(1) No further studies be undertaken at this time in respect of wave overtopping at Barrier Number 2.
(2) The Executive Director of Development and Infrastructure should explore financial support from the Scottish Government for potential engineering solutions, failing which the Council should determine what action to take.
(3) The Executive Director of Development and Infrastructure should undertake to continue to review options to enhance current safety arrangements with regard to wave overtopping at Barrier Number 2 where possible.
The result of a recorded vote was as follows:
For the Amendment:
Councillors Norman R Craigie, David Dawson, Andrew Drever, J Harvey Johnston, W Leslie Manson, Graham L Sinclair, James W Stockan, Duncan A Tullock and Heather N Woodbridge (9).
For the Motion:
Councillors Robin W Crichton, Rachael A King and Stephen Sankey (3).
The amendment was therefore carried.
The Committee thereafter resolved to recommend to the Council:
6.5. That no further studies be undertaken at this time in respect of wave overtopping at Barrier Number 2.
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6.6. That the Executive Director of Development and Infrastructure should explore financial support from the Scottish Government for potential engineering solutions, failing which the Council should determine what action to take.
6.7. That the Executive Director of Development and Infrastructure should undertake to continue to review options to enhance current safety arrangements with regard to wave overtopping at Barrier Number 2 where possible.
7. Animal Welfare in Transport Councillor J Harvey Johnston declared a non-financial interest in this item, in that he was a partner in a farm business, but concluded that his interest did not preclude his involvement in the discussion.
After consideration of a report by the Executive Director of Development and Infrastructure, copies of which had been circulated, and after hearing a report from the Head of Planning, Development and Regulatory Services, the Committee:
Noted:
7.1. That both the UK Government, via the Department for Environment, Food and Rural Affairs (DEFRA), and the Scottish Government were undertaking a formal consultation on the proposals to review legislation regarding Animal Welfare in Transport.
7.2. The DEFRA consultation, attached as Appendix 1 to the report by the Executive Director of Development and Infrastructure, with the Scottish Government consultation available for viewing on its consultation web pages.
7.3. That the DEFRA consultation introduced a number of potential measures which would have a significant impact on the operational practice for Orkney’s agricultural sector, to the extent that it could threaten the viability of the sector in Orkney.
7.4. That the National Farmers’ Union had prepared a detailed response to the DEFRA consultation, attached as Appendix 2 to the report by the Executive Director of Development and Infrastructure.
7.5. The Council’s draft response to the Scottish Government consultation, which was more general in scope and focussed on gathering data, attached as Appendix 3 to the report by the Executive Director of Development and Infrastructure.
The Committee resolved to recommend to the Council:
7.6. That the Council endorse the National Farmers’ Union consultation response to the DEFRA consultation on proposals to review procedures and protocols regarding Animal Welfare in Transport, attached as Appendix 1 to this Minute.
7.7. That the Executive Director of Development and Infrastructure should write to DEFRA confirming the Council’s endorsement of the NFU position, outlined at paragraph 7.4 above.
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7.8. That the Leader should write to the Secretary of State for Environment, Food and Rural Affairs at the UK Government, expressing the Council’s concerns and disappointment in relation to the consultation on proposals to review procedures and protocols regarding Animal Welfare in Transport, and outlining the serious threat posed to the future of farming in Orkney should the proposals contained in the consultation be implemented in new legislation.
7.9. That the response to the public consultation by the Scottish Government Farm Animal Welfare Committee on the Welfare of Animals During Transport, attached as Appendix 2 to this Minute, be approved.
7.10. That the Executive Director of Development and Infrastructure should submit the response to the Scottish Government Farm Animal Welfare Committee, on behalf of the Council, in relation to the consultation on the Welfare of Animals During Transport, by the deadline of 26 February 2021.
The Committee noted:
7.11. That, due to the timescale constraints involved, the Chief Executive would be requested to exercise emergency powers to authorise submission of the letter and response, referred to at paragraphs 7.8 and 7.9 above, prior to approval by Council.
8. Orkney Local Development Plan Development Plan Scheme 2021 After consideration of a report by the Executive Director of Development and Infrastructure, together with an Equality Impact Assessment, copies of which had been circulated, and after hearing a report from the Planning Manager (Development and Marine Planning), the Committee:
Noted:
8.1. That the Council was required by statute to review and publish a Development Plan Scheme, which explained the work programme, how and when stakeholders would be involved in the review of the Local Development Plan, and the methods of consultation which would be employed.
The Committee resolved to recommend to the Council:
8.2. That the Development Plan Scheme 2021, attached as Appendix 3 to this Minute, be approved.
9. Supplementary Guidance: Housing in the Countryside After consideration of a report by the Executive Director of Development and Infrastructure, together with an Equality Impact Assessment, copies of which had been circulated, and after hearing a report from the Planning Manager (Development and Marine Planning), the Committee:
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Noted:
9.1. That, on 10 September 2019, the Development and Infrastructure Committee deferred consideration of the Supplementary Guidance: Housing in the Countryside, to enable a seminar to be held, to which all members should be invited.
9.2. That, following the seminar referred to above, which was held on 10 December 2019, public consultation was undertaken in respect of a revised version of the Supplementary Guidance: Housing in the Countryside.
9.3. The Consultation Report, attached as Appendix 1 to the report by the Executive Director of Development and Infrastructure, which recorded the comments raised by members of the public and stakeholders and the response by the Executive Director of Development and Infrastructure to those comments.
9.4. The revised draft Supplementary Guidance: Housing in the Countryside, attached as Appendix 2 to the report by the Executive Director of Development and Infrastructure, which had been amended to respond to the material planning matters raised through the consultation process, referred to at paragraphs 9.2 and 9.3 above.
Councillor Robin W Crichton, seconded by Councillor Rachael A King, moved that the Supplementary Guidance: Housing in the Countryside, as submitted, be approved.
Councillor Duncan A Tullock, seconded by Councillor David Dawson, moved an amendment that the Supplementary Guidance: Housing in the Countryside be approved, subject to the following references being removed from the Guidance:
• Paragraph 1.05 – “In May 2019, Orkney Islands Council declared a Climate Emergency. The statutory functions of the Planning Authority along with the statutory functions of Building Standards are committed to reducing carbon levels in Orkney and contributing to the Council’s commitment to a vibrant carbon neutral economy.” • Paragraph 2.11 – “DC10 – In line with the Council’s Climate Emergency, all new housing development needs to demonstrate how they are proposing to incorporate low or carbon technologies for heating and power as well as a high standard of insulation for the proposed living accommodation. The applicant is also required to demonstrate how they have incorporated electric vehicle charging or how it could be included within the curtilage, when required.”
The result of a recorded vote was as follows:
For the Amendment:
Councillors Norman R Craigie, David Dawson, Andrew Drever and Duncan A Tullock (4).
For the Motion:
Councillors Robin W Crichton, J Harvey Johnston, Rachael A King, W Leslie Manson, Stephen Sankey, Graham L Sinclair, James W Stockan and Heather N Woodbridge (8).
The motion was therefore carried.
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The Committee resolved to recommend to the Council:
9.5. That the Supplementary Guidance: Housing in the Countryside, attached as Appendix 4 to this Minute, be approved.
9.6. That, once approved, the Supplementary Guidance, referred to at paragraph 9.5 above, be taken forward as Statutory Supplementary Guidance in relation to the adopted Orkney Local Development Plan.
10. Planning Policy Advice: Amenity and Minimising Obtrusive Lighting Councillor Heather N Woodbridge declared a non-financial interest in this item, in that she was Vice Chair of an organisation pursuing Dark Skies Status, but concluded that her interest did not preclude her involvement in the discussion.
After consideration of a report by the Executive Director of Development and Infrastructure, together with an Equality Impact Assessment, copies of which had been circulated, and after hearing a report from the Planning Manager (Development and Marine Planning), the Committee:
Noted:
10.1. That public consultation had been undertaken in respect of draft Planning Policy Advice: Amenity and Minimising Obtrusive Lighting.
10.2. The Consultation Report, attached as Appendix 1 to the report by the Executive Director of Development and Infrastructure, which recorded the comments raised by members of the public and stakeholders and the response by the Executive Director of Development and Infrastructure to those comments.
10.3. The revised draft Planning Policy Advice: Amenity and Minimising Obtrusive Lighting, attached as Appendix 2 to the report by the Executive Director of Development and Infrastructure, which had been amended to respond to the material planning matters raised through the consultation process, referred to at paragraphs 10.1 and 10.2 above.
The Committee resolved to recommend to the Council:
10.4. That the Planning Policy Advice: Amenity and Minimising Obtrusive Lighting, attached as Appendix 5 to this Minute, be approved.
10.5. That, once approved, the Planning Policy Advice: Amenity and Minimising Obtrusive Lighting be taken forward as a material consideration in the determination of relevant planning applications.
11. Sustainable Transport Project Development Plan Project Resource The Committee noted that this item had been withdrawn.
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12. Policy on Industrial Estates After consideration of a report by the Executive Director of Development and Infrastructure, together with an Equality Impact Assessment, copies of which had been circulated, and after hearing a report from the Development and Regeneration Manager, the Committee:
Noted:
12.1. That, on 10 November 2020, when considering a review of policy in respect of the provision and disposal of industrial land and property, the Development and Infrastructure Committee recommended:
• That consideration of the policy statement in respect of Industrial Estates be deferred, to enable officers to establish a set of criteria in respect of sites for sale by exception. • That the Executive Director of Development and Infrastructure should submit, to the next meeting of the Committee, a revised policy statement in respect of Industrial Estates, including the criteria referred to above.
12.2. The assessment of possible criteria for sale of sites by exception, as detailed in section 5 of the report by the Executive Director of Development and Infrastructure.
On the motion of Councillor Robin W Crichton, seconded by Councillor W Leslie Manson, the Committee resolved to recommend to the Council:
12.3. That the policy statement in respect of Industrial Estates, attached as Appendix 6 to this Minute, be approved.
13. Economic Development Grants Budget Monitoring Statement and Delegated Approvals Councillors Andrew Drever and Rachael A King declared non-financial interests in this item, in that family members were employed by organisations which had received Economic Development Grant funding, however, as the specific applications were not discussed, they did not leave the meeting.
After consideration of a report by the Executive Director of Development and Infrastructure, copies of which had been circulated, and after hearing a report from the Economic Development Manager, the Committee:
Noted:
13.1. That, for financial year 2020/21, the approved budget in respect of Economic Development Grants amounted to £303,200.
13.2. Spending to 30 November 2020, in relation to Economic Development Grants, totalling £133,269, of which £121,942 related to grant commitments made in previous financial years and £11,327 to current year commitments.
13.3. That, as at 30 November 2020, the Budget available for approval from the Economic Development Grants budget amounted to £156,854, as detailed in Annex A to the report by the Executive Director of Development and Infrastructure.
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13.4. Grant approvals made in the period 1 April to 30 November 2020 totalling £146,346, including grants approved under delegated schemes for the same period totalling £106,346, as detailed in Annex B to the report by the Executive Director of Development and Infrastructure.
14. Exclusion of the Public On the motion of Councillor Graham L Sinclair, seconded by Councillor Andrew Drever, the Committee resolved that the public be excluded for the remainder of the meeting, as the business to be considered involved:
• The disclosure of confidential information of the class described in Section 50A(3)(a) of the Local Government (Scotland) Act 1973 as amended. • The disclosure of exempt information of the classes described in the relevant paragraphs of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973 as amended.
Councillor Rachael A King left the meeting at this point.
15. Economic Development Grant Application Number 0/5/2/1777 Councillor Robin W Crichton declared a non-financial interest in this item, in that a family member was an associate member of the organisation, but concluded that his interest did not preclude his involvement in the discussion.
Councillor Stephen Sankey declared a non-financial interest in this item, in that he was a former Chair of the predecessor body to the organisation and a current member of the organisation through his tourism business, and was not present during discussion thereof.
Under section 50A(4) of the Local Government (Scotland) Act 1973, the public had been excluded from the meeting for this item on the grounds that it involved the disclosure of exempt information as defined in paragraphs 4 and 6 of Part 1 of Schedule 7A of the Act.
After consideration of a report by the Executive Director of Development and Infrastructure, copies of which had been circulated, and after hearing a report from the Economic Development Manager, the Committee:
Resolved, in terms of delegated powers, what action should be taken with regard to application number 0/5/2/1777.
The above constitutes the summary of the Minute in terms of the Local Government (Scotland) Act 1973 section 50C(2) as amended by the Local Government (Access to Information) Act 1985.
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16. Economic Development Grant Application Number 0/5/2/2081 Under section 50A(4) of the Local Government (Scotland) Act 1973, the public had been excluded from the meeting for this item on the grounds that it involved the disclosure of exempt information as defined in paragraphs 4 and 6 of Part 1 of Schedule 7A of the Act.
After consideration of a report by the Executive Director of Development and Infrastructure, copies of which had been circulated, and after hearing a report from the Economic Development Officer, the Committee:
Resolved, in terms of delegated powers, what action should be taken with regard to application number 0/5/2/2081.
The above constitutes the summary of the Minute in terms of the Local Government (Scotland) Act 1973 section 50C(2) as amended by the Local Government (Access to Information) Act 1985.
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17. Harbour Authority Sub-committee Under section 50A(4) of the Local Government (Scotland) Act 1973, the public had been excluded from the meeting for this item on the grounds that it involved the disclosure of exempt information as defined in paragraphs 1 and 9 of Part 1 of Schedule 7A of the Act.
After consideration of the draft Minute of the Meeting of the Harbour Authority Sub-committee held on 19 January 2021, copies of which had been circulated, the Committee:
Resolved:
17.1. On the motion of Councillor Graham L Sinclair, seconded by Councillor Andrew Drever, to approve the Minute of the Meeting of the Harbour Authority Sub-committee held on 19 January 2021 as a true record.
The Committee resolved to recommend to the Council:
17.2. That the recommendations at paragraphs 7.3, 9.6, 10.5 and 10.6 of the Minute of the Meeting of the Harbour Authority Sub-committee held on 19 January 2021, attached as Appendix 5 to this Minute, be approved.
18. Strategic Transport Projects Review Under section 50A(2) of the Local Government (Scotland) Act 1973, the public had been excluded from the meeting for this item on the grounds that it involved the disclosure of confidential information as defined in section 50A(3)(a) of the Act.
After consideration of a report by the Executive Director of Development and Infrastructure, copies of which had been circulated, the Committee:
Noted:
18.1. That Transport Scotland was undertaking a second Strategic Transport Projects Review (STPR2), to replace the first Review published in 2009, which would inform transport investment in Scotland for the next 20 years.
18.2. That STPR2 would help to deliver the vision, priorities and outcomes for transport set out in the National Transport Strategy and would align with other national plans such as the National Planning Framework and the Climate Change Plan.
18.3. That the process was an evidence-based review of the performance of Scotland’s strategic transport network across all transport modes – walking, cycling, bus, rail and road plus wider island connectivity – to identify interventions required to support delivery of Scotland’s Economic Strategy.
18.4. That, as set out in the Scottish Transport Appraisal Guidance, the purpose of Option Generation, Sifting and Development was to derive a range of options which had the potential to provide the solution(s) to meet the Transport Planning Objectives and alleviate any problems or opportunities identified.
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18.5. The Council’s draft response to the second Strategic Transport Projects Review, attached as Appendix 3 to the report by the Executive Director of Development and Infrastructure.
The Committee resolved to recommend to the Council:
18.6. That powers be delegated to the Executive Director of Development and Infrastructure, in consultation with the Chair and Vice Chair of the Committee, to finalise the Council’s response to Transport Scotland in relation to the second Strategic Transport Projects Review, based on the draft response referred to at paragraph 18.5 above.
18.7. That the Executive Director of Development and Infrastructure should submit the final response to Transport Scotland, on behalf of the Council, in relation to the second Strategic Transport Projects Review, by the deadline of 26 February 2021.
The Committee noted:
18.8. That, due to the time constraints involved, the Chief Executive would be requested to exercise emergency powers to authorise submission of the response, referred to at paragraph 18.7 above, prior to approval by Council.
The above constitutes the summary of the Minute in terms of the Local Government (Scotland) Act 1973 section 50C(2) as amended by the Local Government (Access to Information) Act 1985.
19. Conclusion of Meeting At 16:15 the Chair declared the meeting concluded.
Signed: Graham L Sinclair.
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Submission Orkney Branch Date : 15th January 2021 To : : From : K A Slater Direct dial : 01856 872048 E-mail address : [email protected]
DEFRA CONSULTATION ON ANIMAL WELFARE IN TRANSPORT
Response to Consultation Questions
Q1: Do you agree that livestock and horse export journeys for slaughter and fattening are unnecessary? Please explain your views.
No, the relentless pursuit of “cheap” food and pressure from the large retailers has led to the wholesale closure of small local abattoirs across the UK leaving a small number of large abattoirs. There may be occasions where the nearest available facility may be in another country. There may well be cases where the best option to protect the welfare of the animal is to use a non-UK abattoir.
Q2: Do you agree that in order to prohibit livestock and horse export journeys for fattening where the animal will be slaughtered soon after arrival, these export journeys where animals are slaughtered within 6 months of arrival should be prohibited? Please explain your views.
No, as indicated above it may well be the case that an export journey is the shortest viable option. We would suggest that welfare standards need to be the same or better than those in the UK.
Q3: Do you agree that the only exceptions to prohibiting live export journeys should be for poultry live exports, and animals going for breeding or production that will not be slaughtered within 6 months of arrival? Please explain your views.
If export for further finishing or slaughter is prohibited then the export of animals for breeding should be allowed. The trade in high quality animals is a vital component in the genetic improvement of farm animals. This can lead to improvements in animal performance that helps to improve efficiency which is an important element in helping the agricultural industry meet climate change targets.
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Q4: What would be the financial impact to your business or organisation of no longer being able to export livestock or horses for slaughter or fattening? Please explain any impacts provided.
No direct influence but if leads to general price reductions with the loss of export markets there could be a significant knock to all domestic farm businesses.
Q5: What alternatives would your business or organisation explore if it was not able to export livestock or horses for slaughter or fattening?
No comment.
Q6: Do you agree with the proposed maximum journey times as outlined in Table 1? Please explain your views and highlight any potential regional impacts that your business or organisation might experience.
No. Without exact details of what constitutes travel time (in particular whether “neutral time” is retained) and how time at auction markets are dealt with it is not possible to comment in detail but there is the potential that if these proposals are implemented, as presented, that it makes livestock farming impossible in Orkney leading to huge environmental, social and economic consequences.
We only wish to comment on the transport of cattle and sheep. The climate geography of the highlands and islands of Scotland means that the transport of animals is essential for the welfare of those animals and that those journeys will take longer than those elsewhere in the country.
The definition of “calves” being “up to 9 months” is problematic and unjustified. The vast majority of calves are born in the spring on Orkney and usually weaned from their mothers well before they are 9 months of age. Many of these animals need to be transported because the quality and availability of forage deteriorates very quickly in the autumn meaning this movement is essential for the maintenance of the suckler cow so she can produce a calf again the next year without the calf competing with her for the available forage. With the boat journey from Kirkwall to Aberdeen taking 10 hours plus road transport at each end of the ferry journey then it is patently impossible to adhere to a 9 hour journey.
The 21 / 24 hour journey time limits for older cattle and sheep could be accepted if the current “neutral time” arrangement for the specialist livestock containers used on our ferries continues to be maintained. However if the time on ferry is not considered “neutral time” then all journeys from Orkney would be virtually impossible.
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Q7: Do you see a need for any exceptions to the maximum journey times and, if so, why? Please provide evidence.
Yes, as stated in Q6 the definition of a “calf” needs to be amended to make a distinction between weaned calves, which are as robust as adult cattle, and baby calves which need totally different management. Limiting journeys to 9 hours for calves up to 9 months would be unworkable for the remote areas such as the Highlands and Islands of Scotland, so this definition needs to be changed.
Similarly the 21 hour limited would also be unworkable if time in market and time in lairage facilities is included in journey time. And again, the use of neutral time arrangements is essential, and justified, in making compliant journeys for older animals otherwise compliant transportation of these animals would become impossible.
Q8: In the case of such exceptions, what requirements should be put in place to ensure animal welfare is protected?
There are already well established protocols observed with in auction markets, lairage facilities and on ferries using specialist livestock containers that ensure animal welfare is protected. These include the provision of feed and water, space, shelter, groupage with similar type animals and regular inspection. Further regulation is considered unnecessary.
Q9: What would be the financial impact to your business or organisation due to new maximum journey times being implemented? Please explain any impacts provided.
The impact of these proposed journey times on the remote areas like the Highlands and Islands cannot be overstated. If implemented, they would spell the end of sheep and cattle production in these areas, where livestock farming is currently the mainstay of the whole economy. This will have drastic economic, environmental and social impacts on the whole rural communities not just the individual farmers and crofters and would lead to wholesale land abandonment.
Q10: Including loading, unloading and stops, how long is your average journey for the livestock, poultry or horses that your business or organisation manage?
As referred to above, it is impossible to answer this question without detail of what constitutes journey time. Examples of typical journeys are noted below; i) Cattle from one of the outer islands of Orkney being sold through the local Auction Market then onward to farms in North East Scotland.
Cattle loaded on holding of departure Arrival at island ferry terminal 1 hour Inter Island Ferry journey 1.5 hours Transport to Market / Lairage 0.5 hours
At grazing / In lairage at Market 2.5 days
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Loaded into Specialist Livestock Containers Transport to ferry 0.5 hours “Check-in” / loading to ferry departure 4.0 hours Sailing time 10 hours Unloading / transfer to road transport 1 hour Transport to holding of arrival 2 hours ii) Cattle from Mainland Orkney going direct to Slaughter
Cattle loaded on holding of departure Transport to Lairage 1 hour In lairage 2 hours Loaded into Specialist Livestock Containers “Check-in” / loading to departure 4 hours Sailing time 10 hours Unloading / transfer to road transport 1 hour Road Transport to Abattoir 5 hours iii) Cattle from Mainland Orkney going North East Scotland Market
Cattle loaded on holding of departure Transport to Lairage 1 hour In lairage 2 hours Loaded into Specialist Livestock Containers “Check-in” / loading to departure 4 hours Sailing time 10 hours Unloading / transfer to road transport 1 hour Transport to Market 2 hours
At grazing / In lairage at Market 4 days
Transport to holding of arrival 2 hours
Q11: Do you agree that a new journey should not start until a minimum of 48 hours have elapsed after the previous journey? Please explain your views.
No. As referred to in Q10 when animals are moved from the more remote locations many elements of the journey have to work together to ensure the smooth transportation of livestock. An enforced two day break in the journey could have severe implications for animal welfare meaning that animals are in transit much longer than necessary, to the animals detriment. Where animals are moved through an auction market a 48 hour restriction could curtail the markets ability to operate and could have implications for animal health when animals from different sources and health status are forced to mix unnecessarily. Both cattle and sheep appear to rest very well within far shorter periods than 48 hours.
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Q12: Do you agree that there should be a minimum 7-day rest period for cattle? Please explain your views.
No. The typical journeys described in Q10 show that a week long break in these journeys would totally prevent the livestock markets operating.
Again there is a animal health risk, the 7 day restriction would mean that there is enforced mixing of animals and it would be impossible to have the market premises emptied of animals as required to control disease spread. The seven day rest period is too long. The aim from an animal welfare perspective should be to get the animals settled into their new environment as soon as possible.
Q13: Do you agree that we should prohibit both short and long poultry journeys when the external temperature is outside of a temperature range of 5-25°C, unless the vehicle is able to regulate the internal temperature within this range for the duration of the journey by means of a thermo-regulation system, and that this temperature range should be 5-25°C? Please explain your views.
No. The proposal is complete nonsense. Temperatures at the upper end of the range will rarely impact on producers in the North of Scotland but the temperatures regularly fall below 5°C for extended periods. Cattle and sheep are perfectly happy at temperatures well below this figure and there is no credible evidence that transporting ruminant animals when the temperature is below this causes any harm to the animals being transported.
Indeed to restrict movements of animals where the outside temperature is below this level could have severe animal welfare impacts. Examples where this preposterous suggestion could impact negatively on animal welfare include; i) Being unable to get newly born lambs and their mothers to grazing. Many flocks are taken indoors for parturition, where supervision can be given at lambing. It is essential that the newly born lambs and their mothers are able to get out to grass soon after birth otherwise there are horrendous welfare implications for the wellbeing of the lambs from mis-mothering, physical injury and disease build up. The outside temperature routinely falls well below 5°C at lambing time. ii) Being unable to get cattle transported to abattoir. The bulk of calving takes place in Orkney in the spring. Natural growth patterns means these animals are ready for slaughter at around 20 – 22 months of age (i.e. November to February) The temperature in this period can fall below 5°C for long periods, these proposals would prohibit transportation for much of this period and make journey planning impossible. It is essential that animals are slaughtered at the correct time to ensure they meet the processors specification. This is also important in the interests of efficiency and animal welfare when scarce feedstuffs are used up and cattle accommodation becomes overcrowded.
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Q14: What would be the financial impact to your business or organisation of prohibiting both short and long poultry journeys when the external temperature range is outside of 5-25°C? Please explain any impacts provided.
It would make it impossible to continue farming in Orkney.
Q15: Do you agree that we should prohibit both short and long livestock and horse journeys when the external temperature is outside of a temperature range of 5-30°C, unless the vehicle is able to regulate the internal temperature within this range for the duration of the journey by means of a thermo-regulation system, and that this temperature range should be 5-30°C? Please explain your views.
The answer given to Q13 applies.
Q16: What would be the financial impact to your business or organisation of prohibiting both short and long livestock and horse journeys when the external temperature range is outside of 5-30°C? Please explain any impacts provided.
The answer given to Q14 applies
Q17: Do you think that there are other species that should be considered as vulnerable and have a smaller external temperature range applied, outside of which journeys cannot take place? Please provide evidence.
No comment
Q18: What proportion of your current transportation vehicles have the facility to regulate temperature and provide ventilation?
On virtually all road going vehicles the temperature is regulated through the use of ventilation hatches to the sides of the vehicle / trailer. This is through the natural flow of air through the vehicle rather than mechanically forced air movement.
On the ferries travelling to Mainland Scotland the specialist Livestock Containers rely on the same passive ventilation but the ships have upgraded forced ventilation controlling temperature and humidity levels within the ships.
Q19: For your vehicles which do not have the facility to regulate temperature and provide ventilation, what would be the cost of retrofitting to enable them to regulate temperature and provide ventilation?
It would neither be practicable nor is it necessary to retrofit temperature regulation machinery on most cattle and sheep transporters.
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Q20: Are there any other steps that can be taken to ensure animal welfare can be maintained in extreme weather? Please provide evidence.
Not seen to be an issue. We would not agree that temperatures of below 5°C can be considered extreme weather.
Q21: Do you agree that we should use allometric principles as a basis for future space allowance calculations? Please explain your views.
The principle of allometric principles to work our suitable space allowances may be sound but the practicalities of putting this into practice is very difficult, Experienced stockmen and hauliers use this principle every time the load animals into a transporter, taking account of the species, age, breed, size, weight, wool length and variation before deciding how many will go in a set area. Hauliers undertaking longer journeys are already trained and assessed as competent when loading animals to the correct stocking density. Current guidance is much easier to understand and works well in practice ensuring there is no issue requiring to be addressed at present.
Q22: Do you think that reforms to space allowances based on allometric principles should apply to both short and long journeys? Please explain your views.
No not necessary on either journey type, as per Q21.
Q23: Do you agree with the proposed species-specific headroom requirements? Please explain your views.
The headroom heights proposed seem arbitrary. All current purpose built livestock floats and containers are built with the deck height that is sufficient for the class of stock they carry. We are not aware of any issues arising from the current vehicle design. Indeed, increasing the headroom above the animals in transit could well be detrimental to animal welfare by increasing the propensity of animals to jump on the backs of other animals within the group, with the obvious dangers from injury and suffocation. Should vehicles have to be redesigned adapted there will be implications for vehicle stability again leading to animal welfare issues. Heightened vehicles could well restrict the ability of livestock transporters to be able to use ferries due to deck height, stability and visibility issues.
Q24: Do you think that the proposed species-specific headroom requirements should apply to both short and long journeys? Please explain your views.
Not to both as explained above, Q23.
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Q25: What would be the financial impact to your business or organisation of the proposed headroom requirements for both short and long journeys? Please explain any impacts provided.
The cost replacement of vehicles would be massively expensive and it is unlikely that current hauliers would be prepared to invest in equipment that could easily be rendered redundant by future ill considered changes to legislation. This will undoubtedly lead to increased difficulties in being able to arrange transport for livestock.
If these proposals are implemented then it is almost certain that less stock could be carried in current vehicles requiring many more vehicle journeys to transport the same number of animals. This would have a negative impact on the environment through additional fuel use, in addition to the financial cost and extra time involved.
Q26: Do you agree that we should prevent animals from being transported in rough weather at sea and that animals should not be transported during Beaufort Wind Force 6 or above? Please explain your views.
No, such a suggestion demonstrates that the questioner has no understanding of the multitude of factors that can impact on the conditions that need to be taken into account when a sea passage is planned. It is absolutely imperative that the discretion on whether a ship sails, and whether livestock is carried remains with the ships master.
It is particularly disappointing that the FWAC cites data that is neither current nor relevant to the type of livestock carried on the ferries transporting livestock out of Orkney and relates to a totally different means of transporting livestock, bearing no comparison what-so-ever to the purpose built Livestock Container system used in Orkney. The failure to use relevant information is all the more regrettable as the FWAC were invited to, and accepted the opportunity, to view the livestock shipping system deployed to serve the Northern Isles in October 2018, yet irrelevant data, twenty years old, is trotted out to come up with this blunt and unjustified and damaging recommendation to restrict livestock shipping to passages where the wind speed will be below Force 6.
The FWAC were in Aberdeen on 23rd October 2018 and viewed both cattle and sheep coming off the ferry. That sailing had travelled overnight from Kirkwall, wind speeds were gusting to Storm Force 10 from the West. Members of the FWAC expressed the opinion that the livestock looked to have travelled well and were showing no adverse affects from the journey demonstrating both the professionalism and judgement of the master and the suitability for purpose of the Livestock Containers used.
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The determination on whether conditions are suitable to allow safe transport of livestock depends on many factors including ship size, ship design, wind speed, wind direction, duration of wind from said direction, tides, availability of shelter, design of the livestock transporter, where on the ship the livestock are located (which deck and position on deck), species carried and the age of animals carried. These factors are all taken into account when the sea journey is planned, so a blunt suggestion that only wind speed should be taken into account is neither in the interests of animal welfare nor helpful for those transporting livestock. To put the nonsense of this proposal into context, meteorological data offshore Kirkwall for 2020 shows that wind speeds of Force 6 or above were recorded on 234 days yet significant wave height (over 3m) was recorded on 36 days.
The current system of transporting livestock serving Orkney and Shetland was developed by collaborative approach involving individuals from the livestock industry, state veterinary service, animal welfare groups, Government, Local Authorities and Harbour Authorities and has been in operation for almost two decades. It has an impeccable record in looking after the welfare of animals being transported. In 2020 around 180,000 animals were carried in the Livestock Container system with an injury rate of 0.006% of all the animals travelling.
The proposal that animals should be prevented from travelling when winds speeds are Force 6 or above should be scrapped.
Q27: What would be the financial impact to your business or organisation of prohibiting transport during Beaufort Wind Force of 6 or above? Please explain any impacts provided.
The proposal that animals should be prohibited from travelling when winds speeds are Force 6 or above would make the transportation of animals off Orkney practically impossible. To put the proposals into further context, livestock are usually shipped out of Orkney on a Monday each week, with an overnight sailing to Aberdeen. In 2020, out of the 52 Mondays – on 47 occasions the transportation of livestock would have been prohibited by the wind speed being Force 6 or greater. Out of the 5 remaining occasions 2 would have been ruled out by the proposal to prevent transportation of livestock when the outside temperature fell below 5°C, leaving only 3 days in the year where the transport of animals by sea would be permitted.
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Q28: Do you think that there should be any exceptions to the previously mentioned proposals alongside the specific exceptions already outlined, excluding the proposal to prohibit live exports for slaughter and fattening? Please provide evidence.
Thankfully the quality of livestock produced in Orkney means that there is a ready demand for the animals from farmers and from the abattoirs on the Scottish Mainland. It is in no one’s interest to do anything to compromise the welfare of the animals when transporting them. The extremely low level of injuries sustained by the animals in transit on the ferries demonstrates that corners are not being cut when it comes to the care for the livestock. Regular feedback is also given to producers from abattoirs as to the condition that the animals arrive in and again, with very few exceptions, animals are arriving in good condition.
These proposals are wholly impractical and add nothing to improve the welfare of the animals but potentially make livestock farming in the more remote areas of Scotland virtually impossible. We would contest that there are few, if any, examples of animal welfare issues in transit that cannot be addressed by enforcement of the current regulations. These proposals will need wholesale change otherwise large scale exemptions will be required or else the impact on farms, crofts and businesses and communities that rely on them will be catastrophic.
Q29: What conditions should be met in order to ensure animal welfare is protected in the case of other exception
No comment.
1478 Appendix 2.
Scottish Government Farm Animal Welfare Committee
Orkney Islands Council Consultation Response
Q.1. Do you agree with the FAWC recommendations for future research and the Scottish Government’s position and proposed course of action? Please provide any further relevant information.
The system in place for transporting animals by sea from Orkney to mainland UK is long established and is believed to be working very well. With 25000 cattle and over 150000 sheep transported out of Orkney by ferry last year with a mortality of less than 10 animals it is indicative that there are no tangible welfare issues. Animal welfare colleagues in Aberdeen, where the animals are generally transported to are not contacting Orkney Islands Council at any time to advise of problems with animals having been transported by sea. The recommendations of the UK Government, if implemented and duplicated in Scotland, with regard to sea transport will certainly curtail the quantity of animals that can be moved out of Orkney. The alternative to sea transport would be road transport down the A9 which is not feasible.
Q.2. Do you agree that prior permission should be obtained from the relevant UK authority for some journeys exporting live animals and permission should only be granted if the reasons for not undertaking a shorter alternative journey are justified? Please provide any further relevant information.
Agree. There are sufficient slaughter facilities in Scotland that there should not be any need to export live animals for slaughter. In 2019, there were twenty-four licensed red meat abattoirs operating in Scotland with cattle being processed at 20 sites, while 18 processed sheep and 16 processed pigs.
This is an indication that there is sufficient facility in Scotland to slaughter animals and therefore the need to export is averted. The cost to get an animal from Scotland to a slaughter facility outside of the UK would likely be prohibitive.
Q.3. Do you agree with the Scottish Government’s position on determining fitness for transport and proposed course of action? Please provide any further relevant information.
Agree that there could be a better definition of fitness to transport. However, all services involved in animal welfare and transport on Orkney are well known to each other and work closely and collaboratively. On the rare occasion that there is an issue as to whether or not an animal is fit to travel this is discussed by all involved and mutual agreement reached.
Q.4. Do you agree that there should be no distinction between registered and unregistered horses in future legislation on welfare during transport? Please provide any further relevant information.
Agree that the Scottish Government should consider applying animal welfare in transport regulations to all horses alike, both registered and unregistered.
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Q.5. Do you agree with the Scottish Government’s position on the means of transport and proposed course of action? Please provide any further relevant information.
Agree. The Auction Mart in Orkney is staffed by people who are from the farming industry and therefore they all have experience with working with animals and they know how to handle animals. We can understand, however, that nationally there may be a need to have a system whereby there is training provided at markets where staff have a duty of care that they need to adhere to.
Q.6. Do you agree with the Scottish Government’s position on the maximum time an animal may spend at market and proposed course of action? Please provide any further relevant information.
The market in Orkney is set up with separate buildings from the market itself in order to facilitate the care of animals which regularly arrive at the market days before sale due to coming in on ferries from the outer isles of Orkney. The market also has adjoining fields which can be used for this purpose. It is not considered that this practice causes any undue stress to the animals. Cattle can also be held over at the market when the ferry to the UK mainland is full and the cattle therefore are transported on ferries later in the week. The market has the manpower and facilities to provide this service. It is considered that potentially restricting this timeline would be detrimental to how the market in Orkney operates. The market is fully aware of the need for cleansing and disinfecting after sales and the need to keep animals away from the market building in order to comply with biosecurity measures. The market is inspected yearly by APHA and therefore is in line with all the requirements of legislation already.
Q.7. Do you agree with the Scottish Government’s position on space allowances for animals in transport and proposed course of action? Please provide any further relevant information.
There are already space allowance parameters as per size weight and number of animals that be loaded into a livestock container when being shipped from Orkney to the UK mainland. The staff operating the loading and handling facility follow guidelines set out with regards to stocking density. In terms of transporting animals to and from the Orkney mainland to Orkney’s inner and outer isles again there are space allowance procedures and indeed the Council has recently invested in new containers for use in shipping to isles which have no roll-on, roll-off ferries.
Q.8. Do you agree with the Scottish Government’s position on transport practices and proposed course of action? Please provide any further relevant information.
As long as the course of action ultimately implemented takes account of what is working effectively in the islands then if all animal transportation must comply with the same regulatory control then everyone will be operating under the same guidance and regulation and this will make enforcement and inter agency work easier to implement.
Q.9. Do you agree with the Scottish Government’s position on thermal conditions and ventilation for animals in transport and proposed course of action? Please provide any further relevant information.
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We agree that more research into this matter is required before any decision is made. We do have concerns that the lower temperature range indicated is not suitable in Scotland. There would be a significant number of sale days at market which would not be allowed to proceed due to the minimum temperature. Farm animals kept in Scotland are able to tolerate lower temperatures and do so when kept on the farm with no evidence of any adverse welfare impact. Due to the relatively short distances travelled to get to the market or lairage they are not spending great lengths of time in transit.
Q.10. Do you agree with the Scottish Government’s position on maximum journey length and proposed course of action? Please provide any further relevant information.
We note that the position indicates that it will take into consideration geographical constraints when arriving at any decision and this is reassuring given the animal transportation practices from Orkney to the UK mainland. As previously intimated a great deal of preparation and resource was invested in designing the livestock containers used on the ferries with animal welfare very much the main consideration. The single figure reports of any incidents of animal welfare concerns each year is testament to the fact that animals are arriving at their destination on the UK mainland in good health, irrespective of the length of journey or weather conditions.
Q.11. Do you agree with the Scottish Government’s position on mid-journey breaks and proposed course of action? Please provide any further relevant information.
It is noted that mid-journey breaks refer to drivers, so it is assumed that this relates to road journeys. The rest periods referred to as the Scottish Government position do not seem unreasonable.
Q.12. Do you agree with the recommendation that anyone who transports livestock, poultry or horses should require transporter authorisation and a Certificate of Competence, including if they only transport animals on short journeys? Please provide any further relevant information.
The 65km threshold is such that given Orkney’s geography no internal animal transportations are caught by the threshold. If the threshold was removed and all journeys covered by the requirement for authorization and a Certificate of Competence this would potentially create a high level of administration and bureaucracy when there is no evidence of any issues with animal welfare concerns with livestock arriving at Orkney’s market.
Q.13. Do you agree with the Scottish Government’s position on transportation of animals by sea and proposed course of action? Please provide any further relevant information.
Transportation of animals by sea.
As nearly all cattle and sheep in Orkney are transported off-island by sea this is a vital service for the industry. The evidence referenced previously indicates that the welfare of the cattle and sheep on arrival at port of destination is not markedly compromised and so this supports the assertion that the practices in place at the moment are suitable to protect the welfare of the animals in transit. In relation to the sea travel, both the local authority at
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port of departure and at port of destination are satisfied with the welfare of the animals as is the company tasked with providing the transportation service which has invested heavily in equipment and resource to ensure that the animals are transported as comfortably as possible.
Evidence also suggests that should a maximum Beaufort wind speed be introduced for sea journeys then this could severely restrict the number of sailings that could be used to transport animals from Orkney to the UK mainland. Given the A9 road, transportation by road is not considered a suitable alternative. As previously stated evidence indicates that present shipping practices do not generate any animal welfare concerns.
Q.14. Do you agree the Scottish Government should consider the proposed review on research into transportation by rail or air alongside other research priorities? Please provide any further relevant information.
We would agree with undertaking more research in this regard but would not expect it to have significant impact an animal welfare in transport on Orkney.
Q.15. Do you agree with the Scottish Government’s position on the collection and use of feedback to identify welfare risks in transport and proposed course of action? Please provide any further relevant information.
We agree that using feedback is imperative to determine the best course of action. We also note a suggestion of better alignment between local authorities and APHA and we fully support this too. We would, however, comment that informally we already work very closely with APHA. Given our island location and the absence of any APHA employee, physically based on Orkney, on occasions when an APHA employee visits Orkney, or has any concern with an Orkney premises, this is as a matter of course discussed with the local authority and any visits are joint visits for the purpose of corroboration.
Q.16. Do you agree with the Scottish Government’s position on the enforcement of welfare of animals in transport and proposed course of action? Please provide any further relevant information.
As stated in Q15 in Orkney the local authority and APHA already work closely together in any animal welfare issues and indeed as does the SSPCA in any cases they are involved in. We would be supportive of any review of penalty options.
Q.17. Do you agree with the Scottish Government’s position on post-export protection of animal welfare and proposed course of action? Please provide any further relevant information.
We would agree that no animal should be transported to a country with lesser animal welfare standards than Scotland and would hope that this would not impinge on any ability to transport animals to other countries in the UK.
1482 Appendix 3.
The Development Plan Scheme 2021 February 2021 Introduction The Council is required by statute to produce an annual Development Plan Scheme (DPS), which provides an update on the work programme and timescales for the review of the Orkney Local Development Plan. Additionally, the DPS provides details on the consultation and engagement with our stakeholders and members of the public. What is a Local Development Plan (LDP)? A LDP provides a strategy for the future of an area and a land use framework within which investment and development can take place. It is the main policy tool used by the Planning Authority in the determination of planning applications. It must be consistent with Scottish Planning Policy (SPP) and National Planning Framework 3 (NPF3), which are the national planning documents for Scotland. The Changing Legislative Position The Planning (Scotland) Act 2019 received Royal Assent in July 2019 and makes significant changes to the Town and Country Planning (Scotland) Act 1997 including alterations to the development planning system. Secondary legislation to enable implementation of the new Act was originally expected to be largely completed by 2021, however the current Coronavirus pandemic has seen timescales shift to mid-2022. The Main Development Planning Changes The next National Planning Framework will incorporate Scottish Planning Policy (SPP), be part of the Development Plan and is subject to Parliamentary approval. Work on the National Planning Framework 4 (NPF4) began in January 2020 with the Call for Ideas consultation. There is a requirement for all authorities, working together as they see fit, to prepare Regional Spatial Strategies (RSS) setting out strategic development priorities. The NPF4 is required to have regard to these RSS. Work is underway on the preparation of an Indicative Regional Spatial Strategy for Orkney that covers the land and marine based planning functions of the Council. The aim of the Act is to make Local Development Plans (LDP) more effective, prepared with greater community involvement and with more focus on delivery of development. The LDP sets out the spatial strategy for the development and use of land in the area. It sits in the context of the purpose of planning and must take account of the Local Outcomes Improvement Plan (LOIP) and the National Planning Framework. LDPs are moved to a 10-year cycle rather than a 5-year cycle. The review process will commence with the preparation by the planning authority of an Evidence Report that will detail why the LDP review is required and if there are national policies that the planning authority require a different approach.
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Local communities will be invited to produce Local Place Plans that will look at the land, buildings and issues that they consider to be important for their communities as well as a requirement to consider development and the use of land for the location. The Drafting of National Planning Framework 4 In early 2020, the Scottish Government had a “Call for Ideas” to inform their early drafting work for NPF4. In November 2020, the Scottish Government published a Position Statement on the issues that they consider need to be addressed in NFP4. NPF4 will be a new spatial and policy plan for Scotland that will look to 2050 and contain “model policies” for all planning authorities. It will focus on achieving four key outcomes of Net-Zero Emissions, Resilient Communities, A Wellbeing Economy and Better, Greener Places. After delays associated with the Coronavirus pandemic, a draft is expected to be consulted on in autumn 2021 with the final version being approved and published by the Scottish Government in spring/summer 2022. Transitional Guidance for Development Planning In November 2020, the Scottish Government published the Development Planning – Transitional Guidance. The guidance is to allow for a smooth changeover and to reduce duplication of work. For LDPs that have not commenced the review and preparation of a new LDP, it is considered that preparatory work towards the new style plans can begin prior to the publication of NPF4 and the new LDP regulations. This preparatory work could include evidence gathering and engagement with stakeholders. The Transitional Guidance envisages that every planning authority in Scotland will have a new style LDP in place within five years of the regulations coming into force. What is the current position with the Orkney Local Development Plan? The current LDP for Orkney is the Orkney Local Development Plan 2017 (OLDP2017). It has been approved for a 5-year period by the Council and the Scottish Government; and runs until April 2022 and can be found at https://www.orkney.gov.uk/Service- Directory/O/Orkney-Local-Development-Plan.htm along with the current suite of statutory supplementary guidance https://www.orkney.gov.uk/Service- Directory/D/guidance-for-the-plan-2.htm As the Council has not formerly commenced the review of the OLDP2017, apart from monitoring works, it is considered under the Transitional Guidance that we will commence early preparation work until the publication of NPF4 and the Development Planning Regulations, which is anticipated to be spring/summer 2022. The Work Programme This work programme is based on the Planning (Scotland) Act 2019 and the Transitional Guidance from the Scottish Government. Until the publication of NPF4 and the Development Planning Regulations, the work programme from spring/summer 2022
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onwards is not clear. It is considered that the Development Plan Scheme for 2022 would be able to provide more clarification. For 2021 and 2022 To commence the review of the OLDP2017, it is proposed: 1. Continue to engage with the Scottish Government on the development of associated regulations, guidance in regard to the review of the planning system that includes Regional Spatial Strategies and the drafting of NPF4. 2. Commence early consultation and engagement with our communities and planning stakeholders; the outcomes of which will form part of the Evidence Report. It is proposed to have a period of open consultation in July, August and September 2021 that will look to gather views on planning in the County through the banner of Planning Matters. Consultation will commence with online surveys and polls; and then engagement with our communities in their communities. One specific aim of the consultation will be to wish to ask communities about the new provision of Local Place Plans and the support they may need to engage with this provision. 3. Develop matters to be addressed in the Evidence Report; meaning what evidence will be required to inform Orkney’s new Local Development Plan. This could include development land audits, educational, healthcare and infrastructure requirements as well as monitoring of the OLDP2017 and associated Supplementary Guidance. The development of the Evidence Report will involve key agencies, planning stakeholders (including internal colleagues such as Housing, Engineering and Roads) and Elected Members. It is anticipated that the Evidence Report will include evidence as to why the Council may decide to have a different policy approach to that of the national planning policies of NPF4. The Evidence Report is published alongside the Proposed Plan that will be after spring / summer 2022. 4. Review our existing hierarchy of guidance including the requirement for development briefs. One provision of the Planning (Scotland) Act 2019 is that supplementary guidance will not be statutory. We wish to take this opportunity to review our present hierarchy with planning stakeholder engagement. We aim to ensure that we have the right level of non-statutory guidance that delivers good development for Orkney. This work stream is in line with the local review of the Council’s Planning Service that was completed in early 2020. Our Commitment to Engage and Consult – Participation Statement After the publication of the Development Planning Regulations, we will publish a full Participation Statement to accompany the Development Plan Scheme for 2022. For the review of the LDP, we will design engagement and consultation around our stakeholders and the best way to communicate and consider them positively, within the remit of Orkney Islands Council and current planning legislations and regulations. We
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hope that we will be able to meet our community in their communities and talk to them face to face about their concerns and aspirations for their Islands. The Planning (Scotland) Act 2019 has included provision to have effective engagement with younger people and to consider the development needs of students and other people studying, the elderly and disabled and Travellers and Gypsies. Going forward we are committed to engage with these stakeholders and organisations that represent them. Our Stakeholders will include: Community Councils and Local Development Trusts Community Planning Partners Interest Groups such as Voluntary Action Orkney Elected Members Internal Officials such as Education, Housing and Economic Development Landowners Developers and Builders Development Sectors such as Renewable Energy and Aquaculture Key Agencies The Scottish Government and Marine Scotland Our Neighbouring Authorities OIC Education Students and Pupils – Schools and Colleges Higher Education Students– University of the Highlands and Islands, Hariot Watt University and Robert Gordons University. Key Agencies such as NatureScot and SEPA
We will continue to use local press outlets such as The Orcadian and BBC Radio Orkney as well as Social Media to let the public know about consultations and how they can get involved. In addition, through our Development Plans database we will regularly send email updates and notification of consultations. If you would like to be added please contact us at [email protected] Our consultation methods also include open meetings, focused seminars and face to face meetings with individuals. Note that all methods will comply with the latest guidance associated with the coronavirus pandemic. Effective community engagement and empowerment; and strategy planning will help to unlock Orkney’s potential.
1486 Appendix 4.
FEBRUARY 2021 D&I Committee Draft Supplementary Guidance: Housing in the Countryside 1487
Planning in Orkney
Status of this Supplementary Guidance. The main planning document in Orkney is the Orkney Local Development Plan (the Plan), which provides the policy framework and land allocations for dealing with planning applications efficiently and with certainty. All decisions on planning applications require that an appropriate balance is struck between the relevant development plan policies and other material considerations. Supplementary Guidance is produced for given policy areas and subjects where a specific requirement is highlighted within the plan. It is the purpose of supplementary guidance to provide further information, policy and advice on complex planning matters and seeks to expand upon the core policies or land allocations in the plan. Supplementary guidance is always subject to full public consultation and is submitted to the Scottish Government prior to adoption. Once adopted, supplementary guidance has statutory weight in the determination of planning applications and forms part of the plan. Planning Policy Advice (PPA) is prepared to provide further information and advice on policies and issues where a specific requirement to produce supplementary guidance has not been set out within the plan. Many Development Briefs for land allocations are set at this level, along with the majority of advice and information that is prepared for members of the public and Development Management. PPA is always subject to full public consultation and council approval prior to adoption and publication. Once adopted, PPA is a material planning consideration although it does not bear the same weight as the plan itself. Development Management Guidance (DMG) is produced to provide advice on technical issues and the interpretation of given policies where a need arises. It is the intention of DMG to ensure a consistency of approach and to highlight the original intention/spirit of a policy where there is any ambiguity. DMG is also produced for less-complex land allocations to ensure a co-ordinated approach to development can be achieved - Conservation Area Appraisals and Conservation Statements are also set at this level within Orkney. Whilst DMG is not subject to public consultation, it is approved by Council prior to adoption and publication. As such, DMG is a material consideration in the determination of planning applications, which is considered to be the standing advice of the Local Planning Authority.
Contacting the Council. Should you wish to discuss any aspect of this Supplementary Guidance, please contact Development Management via telephone 01856873535 or email [email protected]. www.orkney.gov.uk
Photo Credits: Susan Shearer, Kay Gilmour and Peter Finnigan Front and back page graphic: View to Hoy Hills from Copland’s Dock, Stromness. Graphic © iDesign from original photograph courtesy of Anne Flint.
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Supplementary Guidance: Housing in the Countryside 1488
Contents
Planning in Orkney ...... 1
1. Introduction ...... 3
How to Use this Guidance...... 3
Policy 5 – Housing, Section E: Single Houses and new Housing Clusters in the Countryside ...... 4
2. The Development Criteria ...... 5
Housing in the Countryside Development Policy Provisions ...... 8
The reinstatement of a Former Dwelling House Policy 5E (i) ...... 8
The Conversion of a Redundant Building or Structure Policy 5E (ii) ...... 9
The Replacement of an Existing Building or Structure Policy 5E (iii) ...... 10
The Re-Use of Brownfield Land Policy 5E (iv) ...... 12
The Subdivision of a Dwelling House or its Residential Curtilage Policy 5E (v) ...... 13
Single House In-Fill Development within Existing Housing Groups Policy 5E (vi) ...... 14
The Provision of a Single Dwelling House to allow for Retirement and Succession of a Farm Policy 5E (viii) ...... 23
4. The Removal of Residential Occupancy Conditions ...... 25
5. Definitions...... 26
Appendix 1: Site Development Statement ...... 28
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Supplementary Guidance: Housing in the Countryside 1489
1. Introduction
1.01 This guidance supports and informs the policy provision for housing in the countryside that is set in Policy 5 – Housing, Section (E) – Single Houses and new Housing Clusters in the Countryside, of the Orkney Local Development Plan 2017 (the Plan).
1.02 Through the Plan and this guidance, the Council supports sustainable development in Orkney’s rural communities whilst recognising the need to protect Orkney’s landscape and productive farmland.
1.03 This policy provision is intentionally generous to allow for housing in the countryside to acknowledge the change in demographics which has resulted in an increased need for housing in remote rural areas to care for our aging population.
1.04 The policy provision for housing in the countryside looks to provide opportunities and minimise potential impacts. Opportunities are based on brownfield sites, rural business’s housing needs and infill development where landscape and visual impacts are greatly reduced.
1.05 In May 2019, Orkney Islands Council declared a Climate Emergency. The Statutory functions of the Planning Authority along with the statutory functions of Building Standards are committed to reducing carbon levels in Orkney and contributing to the council’s commitment to a vibrant carbon neutral economy. How to Use this Guidance 1.06 A successful planning proposal for Housing in the Countryside will have to accord with this guidance, the policies of the Plan and other material considerations.
1.07 Within this guidance there are the following sections: 1. Introduction to this guidance with the policy provision noted from the Plan. 2. Within this section there are 9 Development Criteria that all proposals for housing in the countryside must comply with to be acceptable. 3. This section provides further information and detail to the policy provision from Policy 5, Section E of the Plan. 4. Further information is provided in this section on the removal of occupancy conditions from existing planning approvals. 5. This section is a glossary of the main definitions used in this guidance. Appendix 1 – Layout of a Site Development Statement.
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Supplementary Guidance: Housing in the Countryside 1490
Policy 5 – Housing, Section E: Single Houses and new Housing Clusters in the Countryside Outwith the settlements, on the Mainland and Linked South Isles, developments of single houses and housing clusters will be supported where it involves one of the following: i. The reinstatement or redevelopment of a former dwelling house. ii. The conversion of a redundant building or structure. iii. The replacement of an existing building or structure. iv. The re-use of brownfield land, where the previous use is evident on site. v. The subdivision of a dwelling house or its residential curtilage. vi. Single house infill development within existing housing groups. vii. The provision of a single dwelling house for a rural business where 24 hour supervision is an operational requirement (including agricultural workers or crofters). viii. The provision of a single dwelling house to allow for the retirement succession of a viable holding.
If a building or structure is of architectural and / or historic merit, the consolidation and retention of the building will be required by planning condition through options i), ii), iii) or iv).
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Supplementary Guidance: Housing in the Countryside 1491
2. The Development Criteria
2.01 All planning proposals for one or more houses must accord with the 9 Development Criteria noted in this guidance and satisfy one of the policy provisions set out in Policy 5, Section E of the Plan.
2.02 DC1 – Where the application site or the wider site has the potential to deliver more than one house through the housing in the countryside policy provisions within this guidance, the overall development will be planned as a whole to ensure cohesion of design and layout. In these cases, there is a requirement for a Site Development Statement for the whole site, including the wider site, where layout, siting and form of the overall proposal will be considered along with the shared access, parking, drainage, open space and other development features. The Site Development Statement must form part of the first planning application submitted and will be a material consideration when considering future planning applications on the wider site. At Appendix 1 to this Supplementary Guidance is an example of the layout and content of a Site Development Statement.
2.03 DC2 - It is located and sited to fit into the landscape, minimising the landscape and visual impacts of the development proposal. New development will not occupy locations that are dominant in the landscape.
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Supplementary Guidance: Housing in the Countryside 1492
2.04 DC3 – The proposed development will be in keeping with the location; not dominating houses and structures in the surrounding area through scale or form. The scale and form of the overall proposal will be similar to neighbouring buildings and buildings in the vicinity.
2.05 DC4 – The proposed pattern of development will not lead to the suburbanisation of the Countryside or add to existing areas of suburban type development in the Countryside. In a number of locations in the Countryside there are areas of suburban type development where housing development from the 1980s to the present day dominates in terms of their design, siting and massing. New housing groups or additions to existing housing groups must be designed and sited in a manner that is rural and not urban in nature where the topography and other existing site features such as stone dykes and buildings are considered positively, echoing a traditional rural building group. New development that is simply lined up to address a road with other recent development in a uniform manner or where it is proposed to carve a field up for new housing development (field filling) will not be allowed.
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Supplementary Guidance: Housing in the Countryside 1493
2.06 DC5 - It does not place an unacceptable burden on existing road infrastructure nor does it have a negative effect on road safety interests.
2.07 DC6 – Vacant and redundant buildings and land often revert back to a natural state potentially being used by protected species such as breeding birds and bats; and having other biodiversity value. A proposal will retain the valued biodiversity. There may be a requirement for survey work and/or mitigation.
2.08 DC7 – It does not have an unacceptable effect on the water environment, ensuring the use of sustainable surface water drainage, and adequate foul drainage, and the avoidance of engineering works in the water environment or detrimental impacts on water dependant habitats. Where possible, foul drainage should be connected to the public sewer; although in rural locations this may not always be possible. New development in the countryside should not lead to the over proliferation of private foul drainage systems.
2.09 DC8 – When an existing building has historic and/or architectural merit, they should be retained or converted. Their retention is important to the social history of a location and using them acknowledges their embodied energy. Positive consideration will be given to incorporating existing buildings or structures of architectural and or historic merit in any scheme
2.10 DC9 – A proposed house will have its own domestic curtilage with the proposed built form (e.g. a house and detached domestic garage) occupying a maximum of 33% of the overall site. The maximum size of any proposed domestic curtilage that will be supported is 1500 square metres, although in some cases allowance will be made in the proposed curtilage size to ensure foul drainage is accommodated fully.
2.11 DC10 – In line with the Council’s Climate Emergency, all new housing development needs to demonstrate how they are proposing to incorporate low or carbon technologies for heating and power as well as a high standard of insulation for the proposed living accommodation. The applicant is also required to demonstrate how they have incorporated electric vehicle charging or how it could be included within the curtilage, when required.
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Supplementary Guidance: Housing in the Countryside 1494
Housing in the Countryside Development Policy Provisions
3.01 Within the policy there are 8 policy provisions that allows for housing development in the countryside. A number of provisions look to reuse existing built form of a substantial nature in the landscape whether a former house or an agricultural building; and use them to form new homes for Orkney’s countryside.
The reinstatement of a Former Dwelling House Policy 5E (i) 3.02 This policy provision supports the reinstatement of a former house through renovation to form a new house. This policy provision makes a positive contribution to the countryside by preserving rural heritage, providing a housing opportunity and retaining the embodied energy of the original structure.
3.03 Planning permission is generally required to bring a former house back into use as a house if it has been vacant for more than 10 years, or has changed its use. The former house will display domestic features such as an external chimney stack, internal fireplace and/or openings of a domestic nature (no double opening doors and more than one window).
3.04 A renovation may include an extension and/or the integration of other structures associated with the house such as an old farmsteading. This work must be sympathetic to and protect the character of the original house and buildings; ensuring that any original features and materials are retained, wherever practicable. Any proposed extension must be sympathetic to and not dominate the original house or buildings.
3.05 The house may form part of a larger site, such as a redundant farm steading, where there may be opportunities for more than one house. In these cases a Site Development Statement as noted at DC1 in this guidance will be required.
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Supplementary Guidance: Housing in the Countryside 1495
The Conversion of a Redundant Building or Structure Policy 5E (ii) 3.06 This policy provision supports the creation of a house through the conversion of a non-domestic building or structure that is redundant. This provision makes a positive contribution to the countryside by preserving rural heritage, providing a housing opportunity and retaining the embodied energy of the original building or structure. A proposal will have to comply with the following Criteria: 1. The building or structure should be redundant. 2. The building or structure should be non-domestic. 3. It is preferable that the proposed conversion is contained within the original building or structure, with 100% of the original building or structure retained within the conversion proposal. 4. An extension that allows for additional living space is permissible and should not double the size of the original footprint of the building or structure to be converted; nor over dominate the original building or structure. 5. The proposed house may form part of a larger site such as a redundant farm steading where there may be opportunities for more than one housing development. In these cases a Site Development Statement as noted at DC1 in this guidance will be required.
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Supplementary Guidance: Housing in the Countryside 1496
The Replacement of an Existing Building or Structure Policy 5E (iii) 3.07 This guidance seeks to protect and enhance Orkney’s historical and architectural assets through a retention and conversion first approach to buildings / structures of historic and/or architectural merit.
3.08 Three types of buildings can be replaced under this provision. They are:
- A building or structure that is redundant and complies with the definitions of this Supplementary Guidance. - An existing house that has no historic or architectural merit, which provides a sub-standard level of living accommodation that is unsuitable for renovation to form a modern and energy efficient house. - A redundant house or a redundant former house that displays domestic features such as fireplaces, chimney stacks or a domestic pattern of openings (generally seen to be a central doorway and a window opening at either side). In terms of redundancy, the planning authority may ask for additional evidence to support the redundant nature of the building or structure if it appears suitable for its use. For example, a farm building within or part of a working farm or a commercial building that is in a good state of repair.
3.09 When considering the potential number of buildings that can be redeveloped through replacement within a group of buildings, this policy provision considers how they are viewed in their setting and their external appearance, rather than how the building group may have once functioned. A building or structure to be replaced may be small or large in scale; it will sit on its own site and be detached from other buildings or structures. The presence of internal structural walls or separate external doorways is not relevant.
3.10 There are different considerations and options depending on whether a building or structure has architectural and/or historic merit.
3.11 No architectural and/or historic merit – If the building or structure does not have architectural or historical merit, the building may be replaced as a one for one replacement. The original building will be removed from the site with the replacement house being located on the same site. In some exceptional instances the replacement house can be moved where there are demonstrable planning benefits for an alternative location such as landscape and visual impacts, flooding, built heritage, natural heritage or road safety. The original building will be fully removed from the site before the construction of the new house. In some limited cases the original building or structure could be retained if the development proposal demonstrates how it can be utilized as an ancillary domestic building. In these cases, the replacement house will be located next to original building and within the same curtilage.
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Supplementary Guidance: Housing in the Countryside 1497
3.12 Of architectural and/or historic merit – When the building or structure has merit there are a number of options: 1. The building can be redeveloped or converted as noted within this guidance. 2. The original building may be retained and utilised as ancillary domestic accommodation to the proposed house. The proposal must contain details of how the original building will be restored and retained in a fully wind and water tight condition to the satisfaction of the planning authority. The proposed replacement house will be erected adjacent to and within the same curtilage as the original building. The replacement house must be sympathetic to the original building in terms of scale and form. 3. The building can be restored as a dwelling house in its own right and a new dwelling can also be developed on an adjacent site sharing a common boundary. Planning permission will only be granted through this option where an application includes details of how both houses will be delivered. The replacement house must respect the original building in terms of its location, scale and form.
3.13 When the building to be replaced is retained/redeveloped, it should be made wind and water tight to the satisfaction of the planning authority, before the erection of the replacement house commences.
3.14 The house may form part of a larger site such as a redundant farm steading where there may be opportunities for more than one housing development. In these cases a Site Development Statement as noted at DC1 in this guidance will be required.
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Supplementary Guidance: Housing in the Countryside 1498
The Re-Use of Brownfield Land Policy 5E (iv) 3.15 This policy provision relates to brownfield land that has previously been developed, where the former use remains evident on site. The redevelopment would result in environmental improvements through full remediation of any contamination that is found on site.
3.16 A proposal will comply with the following criteria: 1. The defined site of 1500m2 or less will be meet the definition of a brownfield site that is set within this guidance. The area of ground that requires to be investigated for land contamination could in some cases be larger than the proposed planning site of 1500m2 and therefore so could the area of ground that requires remediation. 2. Any structures on the site that have architectural and / or historic merit should be retained as part of the final proposal. In some cases, structures may require to be removed to that the most appropriate form of remediation can take place. 3. The curtilage of the proposed house must be wholly contained within the defined brownfield site. 4. If on the site or the wider site, there is potential for more than one house, a Site Development Statement as noted in DC1 in this guidance will be required. 5. The application will be accompanied by a full Contaminant Report. This report will detail the contaminants found on the site, the methodology used to complete the report and the remediation required to allow the site to be developed as a domestic curtilage. This report should be completed to the satisfaction of the Environmental Health Team at the Council. If planning permission is granted, work for the remediation of the site will require to be carried out in full before work for the erection of the house commences.
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Supplementary Guidance: Housing in the Countryside 1499
The Subdivision of a Dwelling House or its Residential Curtilage Policy 5E (v) 3.17 This policy provision provides for one additional house through the Plan period. Subdivision of a house or residential curtilage is supported where the proposal demonstrates that:
1. The curtilage to be sub-divided complies with the definition of curtilage as noted in the Supplementary Guidance. 2. The curtilage to be sub-divided has served the host house for a period of 10 years or greater. Evidence will be required to support the application, such as planning history or clean documentary/photographic evidence. 3. The subdivision is achievable without the need to extend the existing curtilage, with all proposed development being fully contained within the boundary of the existing curtilage. 4. The proposed house and the host house have adequate parking, access provision and outside amenity space and foul drainage. 5. When the proposal is for the sub-division of a house as well as the curtilage, any built form extension should not dominate the original house in terms of scale and form, and 6. The residential amenity of adjacent properties, including that of the host house must be protected.
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Supplementary Guidance: Housing in the Countryside 1500
Single House In-Fill Development within Existing Housing Groups Policy 5E (vi) 3.18 This policy provision allows for the creation of one housing plot within an existing housing group during the lifetime of the Orkney Local Development Plan 2017-2022. The housing group once defined through a successful planning application will not be redefined for the purpose of gaining an additional consent. This is to ensure development does not lead to suburbanisation of the countryside.
3.19 The definition of an existing housing group is where there are four or more occupied and independent dwelling houses which relate to each other and are viewed as a group, meaning two or more of the houses share domestic curtilage boundaries.
3.20 The infill site will: 1. Be within a housing group as defined above. 2. Be located in between two of the occupied and independent dwelling houses with the infill site sharing boundaries with these two dwelling houses. 3. Accord with and enhance the housing group, with a similar plot size and shape, development density and design. 4. Allow for an independent dwelling house and curtilage.
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Supplementary Guidance: Housing in the Countryside 1501
3.21 The diagrams below are illustrative examples of housing groups and infill sites as defined through this guidance.
3.22 In the above illustration, the 4 houses are viewed as a group with 2 of the houses sharing domestic boundaries. The ticked site is located in between 2 occupied and independent dwelling houses with the other sites (noted with a cross) not being infill sites as they do not sit in between 2 houses.
3.23 In the above illustration, the 5 houses are viewed as a group with 2 of the houses sharing domestic boundaries. The ticked site is located in between 2 occupied and independent dwelling houses with the other site (noted with a cross) not being an infill site as it is not located in between 2 houses.
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Supplementary Guidance: Housing in the Countryside 1502
3.24 The above illustration shows how the plot has been contrived to meet the policy requirement of the Supplementary Guidance. The proposed plot is not of a similar shape to the existing plots in this location and will therefore not enhance the grouping or the location.
3.25 The above illustration shows that the infill site is located in-between 2 domestic curtilages; sharing their boundaries. The proposed plot is of a similar size to the existing plots.
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Supplementary Guidance: Housing in the Countryside 1503
3.26 In the illustration above, the 2-way road forms a strong visual and landscape break and therefore the four houses do not form a group as defined in the Supplementary Guidance.
3.27 In the illustration above, the single track road does not form a strong visual or landscape break within this building group and therefore forms a housing group as defined in the Supplementary Guidance. The proposed plot is also a similar size to and shape to the existing plots.
3.28 As in 3.27, the illustration above demonstrated that single track roads do not form strong breaks visually or in landscape terms. The proposed plot is similar in size and shape to the existing plots.
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Supplementary Guidance: Housing in the Countryside 1504
3.29 The illustration above shows that the 4 existing houses do not form a group as defined in the Supplementary Guidance. This is because of the 2-way road forms a strong visual and landscape break. Additionally, the proposed infill site does not share curtilage boundaries with 2 of the existing dwellings.
3.30 The illustration above demonstrates how this is not a group of 4 houses as the potential 4th house is over a 2-way road. A 2-way road forms a strong visual and landscape break. Additionally, the potential infill site is not similar in size or shape to the existing housing plots.
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Supplementary Guidance: Housing in the Countryside 1505
3.31 The illustration above demonstrates how this is not a group of 4 houses as the 4th house is remote from the other 3. Additionally, the potential infill site does not share boundaries with 2 other dwelling house curtilages.
3.32 As shown in the above illustration, there are not 4 occupied and independent dwelling houses within the group.
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Supplementary Guidance: Housing in the Countryside 1506
3.33 The illustration above shows 4 dwellings and the potential infill site shares boundaries with 2 of them. The infill site is of a similar shape and size to the existing sites.
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Supplementary Guidance: Housing in the Countryside 1507
The Provision of a Single Dwelling House for a Rural Business Policy 5E (vii)
3.34 Farming and other rural businesses contributes to Orkney’s economy and sustainable future. The Council wishes to support established rural businesses by providing for additional living accommodation where there is a clear business requirement for 24 hour supervision. It should be noted that the presence of a rural business is not justification in itself.
3.35 The applicant must demonstrate that: 1. Any existing houses that form part of the business requires to be assessed, including past planning approvals (the removal of occupancy conditions and extant consents), to establish if any are suitable in operational terms to provide the housing required. 2. Demonstrate that the need is not a direct consequence of recent severance of housing from the business. Changes in the business will be taken into account. 3. Evaluate the opportunities to provide the required housing, in a location that is suitable for the business and its operational needs, through the policy provision at Policy 4, section A and Policy 4, section E part i), ii), iii). iv), v) and vi) of the Plan. 4. The viability, scale, longevity and other relevant details of the business must demonstrate that the business is on a sound financial basis. 5. The labour requirements of the business, including the requirement for additional 24 hour supervision, will be assessed and established through the application process. 24hour supervision must be essential for a sustained period of the year (for more than 3 months). 6. Details of the employment status of the business owners and employees; and whether they have other employment (full or part time) that takes them away from the business will be considered. 7. Provide information on the persons who are to live in the proposed house and whether they own the business or are related to the business owner. 8. Provide full justification for the location proposed for the house. The proposed house should be located with other buildings associated with the business, forming part of a building group or in a location that has full business justification.
Viability, Longevity and Business Justification 3.36 The majority of applications submitted under this policy provision will relate to agriculture. Justification through the evaluation criteria should be completed by, or with the assistance of, a recognised agricultural assessor. For other rural businesses, justification should be provided by, or with the assistance of a recognised business advisor / accountant.
3.37 For the purpose of the policy provision, a rural business must have been operational in its current location for a minimum of 2 years. In some cases the rural business may 21
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not have been established for this period or established for this period in a different location. In these cases, consideration through the evaluation criteria, will be given to the granting of a temporary permission for a non-permanent form of housing, such as a residential caravan, for an initial period of two years.
Location of the Proposal 3.38 The proposed house should be located with existing buildings to assist in the provision of 24 hours supervision. In some exceptional cases, there may be other locational requirements for the business that require the proposed house to be sited away from existing structures and buildings. In these cases, full business justification should be provided for these alternative locations. When considering alternative locations, it is essential that new development is designed and sited to fit into the landscape and to minimise landscape and visual impacts. For example, it would not be sufficient for an agricultural business to state that a proposed housing location allows the occupant to look over the land. Justification must be more detailed in terms of the activities which require to be viewed from this location and why from an operational perspective this is a requirement over a location near to the buildings of the business.
3.39 There may be planning benefits for alternative locations that reduces impacts on material planning considerations such as flooding, built heritage, natural heritage or road safety. These considerations may be used to justify locations away from the existing structures and buildings of the business.
The Use of Occupancy Conditions 3.40 The emphasis through this guidance has been placed on the provision of full justification for a new development rather than supporting an approach of issuing planning permission with conditions that restrict who lives in the house after construction. Conditions restricting occupancy will generally not be imposed.
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Supplementary Guidance: Housing in the Countryside 1509
The Provision of a Single Dwelling House to allow for Retirement and Succession of a Farm Policy 5E (viii) 3.41 This element of the policy allows for a viable farm holding to be passed on to the next generation, allowing for an additional house for the retiring farmer or for a new farmhouse. The retiring farmer under this policy provision could still make a valued contribution to the business on a part time or flexible basis.
3.42 The applicant must demonstrate that: 1. They have recently retired, and the business has been or will be sold or transferred to a family member. 2. Either the applicant or the family member will live in the proposed house. Confirmation is required through the planning application. 3. Any existing houses that form part of the business including past planning approvals (the removal of occupancy conditions and extant consents) will be assessed to establish if there any are suitable alternatives, in operational terms, to provide the housing required. 4. Evaluate the opportunities to provide the required housing, in a location that is suitable for the business and its operational needs, through the policy provision at Policy 4, section A and Policy 4, section E part i), ii), iii). Iv), v) and vi) of the Plan. 5. The viability, scale, longevity and other relevant details of the business must demonstrate that the business is viable; and 6. Provide full justification for the location proposed for the house. The proposed house should be located with buildings of the business, forming part of a building group or in a location that has full business justification and other relevant justification.
Viability, Longevity and Business Justification 3.43 Justifications through the evaluation criteria should be completed by, or with the assistance of, a recognised agricultural assessor. For the purpose of this policy provision, the agricultural business will have been operational in the location of the proposed house for a minimum of 2 years.
Location of the Proposal 3.44 The proposed house should be located adjacent to existing buildings. In some exceptional cases, there may be locational requirements for the business that require the proposed house to be sited away from existing structures and buildings. In these cases, full business justification should be provided for these alternative locations. When considering alternative locations, it is essential that new development is designed and sited to fit into the landscape and to minimise landscape and visual impacts. For example, it would not be sufficient for an agricultural business to state that a proposed housing location allows the occupant to look over the land. Justification must be more detailed in terms of the activities 23
Supplementary Guidance: Housing in the Countryside 1510
which require to be viewed from this location and why from an operational perspective this is a requirement over a location near to the buildings of the business.
3.45 There may be planning benefits for alternative locations that reduces impacts on material planning considerations such as flooding, built heritage, natural heritage or road safety. These considerations may be used to justify locations away from the existing structures and buildings of the business.
The Use of Occupancy Conditions 3.46 The emphasis through this Guidance has been placed on the provision of full justification for a new development rather than supporting an approach of issuing planning permission with conditions that restrict who lives in the house after construction. Conditions restricting occupancy will generally not be imposed.
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4. The Removal of Residential Occupancy Conditions 4.01 A historic grant of planning permission for a house in the countryside for a business, may have included planning conditions that restrict the occupancy of the house. Occupancy conditions are used to restrict occupancy ensuring the availability of the house for the rural business.
4.02 In some instances, the owner of the house and business may require to apply for planning consent to remove occupancy conditions.
4.03 The outcome of an application to remove an occupancy condition is a material consideration for the planning authority if in the future a new application for another house on the same rural business’s submitted.
4.04 Change in planning policy (national or local) Since the original application was approved with occupancy conditions, national or local planning policies may have changed. In these cases a planning application will be supported by a statement detailing these changes and how the proposal is supported by either existing national or local planning policies.
4.05 Change in business circumstances Since the original application was approved, the business may have changed that has in turn has brought about a change in the housing requirements of the business. For the planning authority to fully consider the removal of occupancy conditions, a full statement detailing the change in business circumstance, how these changes are linked to the removal of the occupancy conditions and the consideration of alternative solutions, will be provided with the planning application.
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5. Definitions 5.01 For the purpose of this guidance, the following definitions apply. Please note that a full glossary of planning terms used in Orkney is provided online at http://www.orkney.gov.uk/Service-Directory/G/Glossary-of-Planning-Terms.htm .
5.02 Architectural Merit is when a building or structure displays features of architectural merit or has a specific architectural style. The architectural merit or architectural style of the building or structure is either rare or a good example that is generally intact and not greatly altered.
5.03 Building or structures are defined as being above ground and having the majority of the original walls to wallhead level of 1.6 metres evident on site and an external floor area of 50 square metres or greater. It should also be proven beyond reasonable doubt that the building or structure either has a roof or had a roof in the past.
5.04 Brownfield Site is defined as land where contaminants are present or suspected of being present that may represent a potential risk to human health or to the environment. This risk is either through the direct uptake of contaminants into the food chain or ecosystems, direct ingestion or inhalation, contamination of water resources, fire and explosion of combustible contaminants or an attack on building materials and services by corrosive contaminants. Additionally, there should be man- made features on site that are over 2 metres in height and are not necessarily buildings.
5.05 Curtilage is defined as the extent of the land associated with the building (house) which is used and maintained as domestic space and is in the ownership and/or control of the host house. The curtilage is often demarked by a boundary wall or fence and contains a lawn or garden, drying area, vegetable patch and any outbuildings which are ancillary to the property such as sheds, stores or garages. A field or piece of ground which is near to or associated with the house is not necessarily curtilage. Where an area of land has planning permission to be used as domestic curtilage or has achieved the status lawfully through the passage of time, it will be considered as such unless is has been abandoned for a period of 10 ten years where its use will be deemed to have lapsed.
5.06 Existing Housing Group is defined as an existing housing group where there are four or more occupied and independent dwelling houses which relate to each other and are viewed as a group, meaning two or more of the houses share domestic curtilage boundaries.
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5.07 Historic Merit – These are buildings that are judged to be socially and culturally important to Orkney. There is interaction between historic merit and architectural merit. There are 3 main categories: • Vernacular buildings utilise locally available materials and respond to functional, social and environmental constraints. Orkney’s domestic vernacular architecture is recognisable in longhouses that are characterised by thick walls, constructed using local stone, flagstone roofs and floors; and adjoining byres that would have originally housed farm animals. They are often orientated to address local climatic conditions and topography. Orkney’s non-domestic vernacular architecture includes mills, stores and agricultural steadings.
• Traditional buildings are usually designed by architects as opposed to being a direct response to local conditions with similar structures constructed across a wider geographical area. Materials would be local with some use of materials from further afield, such as Welsh or Caithness slate. Examples are 19th century agricultural housing erected on estates that emulate the earlier longhouses, grand laird’s houses of the 18th and 19th century, churches, manses, schools and model farmhouses.
• Non-Traditional Buildings are generally built to fulfil a specific purpose; they are often functional in appearance, and not embellished with elaborate features; and may not be constructed from local or natural materials but of concrete and brick. Examples are wartime structures, lighthouse board buildings and structures associated with the Royal National Lifeboat Institution (RNLI).
5.08 Infill Development is located within a Housing Group. The Infill development site is located in between two of the occupied and independent dwelling houses with the infill site sharing boundaries with these two dwelling houses.
5.09 Non-domestic Building or Structure is defined as noted at 5.03; with the last use not being that of a house.
5.10 Redundant is when a building or structure is no longer suitable for its previous use by virtue of its size and location; and the building or structure is empty, unoccupied and not in an active use.
5.11 Suburbanisation houses may be regimented and aligned to a view rather than responding to climatic and topographic conditions of the location, thereby having greater landscape and visual impacts. There can be a lack of local distinctiveness in suburban areas with the scale, form and massing of buildings more suited to an urban area. Further information on suburbanisation with regards to infill development may be the subject of dedicated Development Management Guidance.
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Appendix 1: Site Development Statement The aim is not to duplicate information that is already contained within the planning application but to inform the planning authority and other interested stakeholders of the design process undertaken and how the applicant is looking to achieve the potential of a development appropriately. There is no right or wrong content in a Site Development Statement, this is a guide. Note that these statements should be supported by graphics and photographs. 1 - Layout Introduction – this section introduces the site and the development. Subsections could be:- Description of Development Proposed Development Aspirations Relevant History Pre-planning Advice
Site and Surrounding Area Appraisal Section – this section looks at the context, the users, the buildings, the landscape, planting, boundaries etc. Subsections could be:- The Location The Site Existing Connections
The Development Principles – the “rules” the development must consider when designing. They could be national or local planning policies or issues such as flooding.
The Development Concept – looks at the investigations, analysis and the development principles to show how they have been understood and taken forward or not to the development solutions.
The Development Solutions – there may be more than one; and this section potentially discusses and discounts solutions.
The Development and Supporting Statement – which development? And why?
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Supplementary Guidance: Housing in the Countryside 1515
2 - The Example This example is fictitious and based on scenarios that are found throughout Orkney. Its an farmhouse and farmstead called Hillquoy, the farm was bought by a neighbouring landowner that wishes to sell houses / housing plots to help finance his business and presently manages his farm from another steading. The application that has been received by Development Management is for the erection of a replacement house, Site C only. Introduction This statement discusses the redevelopment of Hillquoy in New Parish on the Mainland. It comprises of a farmhouse and farmsteading. The house is in use and the farmsteading has not been actively used for a number of years. The land of the farm has been incorporated into a larger neighbouring farm. Please note that the plans contained within this statement are not to scale and indicative only.
Description of the Development Proposed It is proposed to redevelop this under used group of buildings. The applicant wishes to realise the value of this builtform. This document shows how this can be achieved whilst responding to the features of the location, being environmentally acceptable and allowing for independent dwelling houses.
Development Aspiration Realise the value of the builtform of Hillquoy and for any proposed development to be environmentally acceptable. Relevant History The structures of Hillquoy are appropriately 160 years old, with some structures constructed of stone with welsh state roofs. Newer buildings from the 1960’s are block built with corrugated sheet roofing.
Pre-planning Advice With Mrs Smith of the Development Management Team in October 2018. Her advice has shaped the final proposed development and other advice has also been gained from Building Standards and SEPA (about foul and surface water drainage arrangements).
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Supplementary Guidance: Housing in the Countryside 1516
Site and Surrounding Area Appraisal Section The Location
Site Location Plan
The location is noted in the above plan. Hillquoy lies to the northeast of Nether Hill and the southwest of Hillcrest in a location that is predominantly agricultural in use. In the last 20 years a number of residential properties have been developed to the south east of the Hillquoy off the School Road. Nether Hill is a house and farm steading that has been greatly altered in the last 30 years. The house, originally a stone built one storey house has been altered and extended to incorporate outbuildings. The farmsteading is dominated by large agricultural shed constructed of poured concrete with wooden slatted sides and a corrugated sheet roof.
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Supplementary Guidance: Housing in the Countryside 1517
Hillcrest which is located on higher ground above Hillquoy is a traditional group of buildings that have not been altered and updated. They are smaller in scale, generally constructed of stone with gable ends.
Hilhead
The landscape in the location is predominantly cultivated grass fields with post and wire fencing with Hillquoy located within a landscape that gently slopes from the west to the east. The Burn of Hillquoy runs along the Hillcrest Road. Within this location there are no landscape designations or historic environment assessments such as listed buildings.
Photo A - Agricultural Land and Hillhead
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Supplementary Guidance: Housing in the Countryside 1518
Photo B – Landscape west of the site
The Site The Site Plan notes the existing buildings of Hillquoy and labels them A to C. The buildings of Hillquoy sit within the landscape and there are a number of mature sycamore trees in the garden grounds. The site does not have a flood risk from coastal, river or surface water.
Site Plan noting the existing buildings A to C
A – The former farmsteading is in a “Horseshoe” arrangement. The northern and western buildings are constructed of stone and originally had an Orkney slate roof. This slate has recently been removed because of safety concerns and roofed with corrugated sheeting. Part of the northern building has a loft level but the appearance of the buildings is that of single storey. The southern buildings are block built with a corrugated asbestos sheeting on the roof. 32
Supplementary Guidance: Housing in the Countryside 1519
All buildings are gable ended and openings in the buildings are agricultural in nature (mainly doors with limited windows). Through pre-planning consultation, Development Management stated that the stone element of the farmsteading had historical merit and should be retained in any redevelopment plans.
Farmsteading at A
Farmsteading at A
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Supplementary Guidance: Housing in the Countryside 1520
Farmsteading at A
B – The house of Hillquoy is in a good state of repair but requires some modernisation. It is mainly of stone construction with a welsh state roof. The house is a storey and a half with 3 bedrooms, a living room, kitchen / dining room, bathroom and entrance porch. Attached is a lean too domestic garage.
Hillquoy – Farmhouse at B
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Hillquoy - house at B
C – This is a single storey block built agricultural building with a corrugated asbestos sheeting roof. Through pre-planning consultation, Development Management stated that this building has no architectural or historic merit.
Agricultural Buildings at C as viewed from the field
Agricultural Buildings at C as viewed from the garden
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Supplementary Guidance: Housing in the Countryside 1522
Existing Connections The Location Plan shows the existing connections in the proximately of the redevelopment site. The public bus service that links this location to the Villages of St Ann’s and St David’s; and Orkney’s main town of Churchwall, runs along the A999. The Hillcrest Road is an unclassified public road which is a single-track. The Development Principles The relevant local policies to be considered are found in the Orkney Local Development Plan 2017 (OLDP2017) https://www.orkney.gov.uk/Service-Directory/O/Orkney-Local- Development-Plan.htm (Policy 1, 2 and 5E) and associated Supplementary Guidance of Housing in the Countryside (SG) https://www.orkney.gov.uk/Service-Directory/D/housing- in-the-countryside-2.htm
These documents will be considered positively to shape the development proposed so as to gain consent and to be acceptable. For this rural redevelopment and to maximise the potential, the provision set under part iii) – The Replacement of an Existing Building or Structure of Policy 5E requires consider. They are: 1 – Is the building considered to be a building or structure under the definition stated in the Supplementary Guidance? It requires to be above ground with the majority of walls to wallhead level of 1.5 metres evident on site and an external floor area of 50 square metres or greater. It should be proven beyond reasonable doubt that the building or structure either has a roof or had a roof in the past. 2 - Is the building redundant? It is no longer suitable for its previous use by virtue of its size and location; and the building is empty, unoccupied and not in an active use. 3 – Does the building have architectural and / or historical merit? The historic vernacular building definition states that it should utilise locally available materials and respond to functional, social and environmental constraints. Orkney’s domestic vernacular architecture is recognisable in longhouses that are characterised by thick walls, constructed using local stone, flagstone roofs and floors; and adjoining byres that would have originally housed farm animals. They are often orientated to address local climatic conditions and topography. Orkney’s non domestic vernacular architecture includes mills, stores and agricultural steadings. The Development Solutions Taking into consideration the site investigations, analysis, the relevant development principles and the developer’s aspiration; there are a number of solutions that could be considered for this location; and a number of combinations of these solutions as noted below. The first solution - extend and renovate the existing house at B and do nothing with the farmbuildings at A and C. The second solution - extend and renovate the existing house at B and convert the farmbuilding at A.
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Supplementary Guidance: Housing in the Countryside 1523
The third solution - extend and renovate the existing house at B, convert the farmbuilding at A and knockdown the farmbuilding at C and erect a new house under the one for one policy. The fourth solution - extend and renovate the existing house at B, convert the farmbuilding at A and build a replacement house under the two for one policy and knockdown the farmbuilding at C and erect a new house under the one for one policy.
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The Development and Supporting Statement The fourth solution has been selected as it meets the developer’s aspirations, accords with the relevant development principles and the site context.
The above plan notes the proposed curtilages and the communal areas to allow for drainage and appropriate access (shown on plan in red hatching). For All Development there are a number of development and design considerations that are common and that will form part of future planning applications, allowing future development to be environmentally acceptable and accord with the noted development principles. - After the completion of a tree survey, trees where appropriate and noted within the findings of the tree survey; will be retained to maintain privacy, general amenity, shelter and biodiversity. New planting will be proposed that will add to this provision. - For the foul and surface water drainage to be combined. For their onward access and maintenance to be covered by a deed condition. - For all proposed development, the amenity and privacy of all residents must be protected. - Colours and materials to be used should positively consider the colours and materials of the location.
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Building A
Building A
- The building accords with the definitions in the Supplementary Guidance of a building or structure, it is considered redundant and has historic merit. - For the stone element of this building to be retained because of the historic significance. - For vehicle access to be taken off the Hillcrest Road to the east of the buildings. - For the area coloured green to be maintained as the private garden ground for this dwellinghouse and boundary treatments to be no more than 1 metre in height.
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Building B
Building B
- For the area coloured green to be maintained as the private garden ground for this dwellinghouse and boundary treatments to be no more than 1 metre in height. Building C
Building C
- The building accords with the definitions in the Supplementary Guidance of a building or structure, it is considered redundant and does not have either historic or architectural merit. - For the original building to be removed from the site.
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Supplementary Guidance: Housing in the Countryside 1527
- The house footprint noted on the drawing indicates how the plot may function with the trees of the original house maintaining privacy and amenity between the 2 dwellinghouses. - New planting should be proposed to provide for privacy, general amenity, shelter and biodiversity. - For the ridge height of this new house not to be higher than either the overall height of the original house or the farmbuildings to be retained, taking into consideration ground levels. Building D
Building D
- The house footprint noted on the drawing indicates how the plot may function. - For the ridge height of this new house not to be higher than either the overall height of the original house or the farmbuildings to be retained, taking into consideration ground levels. - New planting should be proposed to provide for privacy, general amenity, shelter and biodiversity. Supporting Statement The redevelopment of this building group is appropriate to the site and its context. The buildings of merit are to be retained and redeveloped (the original house and the stone farm buildings), new development will be located to sit with the existing building group and will positively consider this agricultural landscape setting by siting one new build house in
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the location of an un-used agricultural building and the other in close proximity to form a grouping. The overall building heights of the new build elements will not be higher than the historic builtform that has been part of this landscape for over 160 years. Combining drainage elements, covering onwards maintained through title deed provision and retaining and adding to the mature trees will protect amenity and reduce environmental impacts. The redevelopment accords with the policies of the Orkney Local Development Plan 2017 and associated Supplementary Guidance: Housing in the Countryside.
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1529 Appendix 5.
Amenity and Minimising Obtrusive Lighting Planning Policy Advice
March 2021
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Amenity and Minimising Obtrusive Lighting This document is Planning Policy Advice: Amenity and Minimising Obtrusive Lighting. It is a material consideration in the determination of relevant planning applications.
Contacting the Council If you have any questions om this document, please email [email protected]
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Contents
1. Introduction ...... 4 2. General Amenity ...... 7 3. Residential Amenity ...... 8 Residential Amenity Criterion 1 - The Creation and Protection of Dedicated Outside Space ...... 9 Residential Amenity Criterion 2 – Privacy in the Home ...... 10 Residential Amenity Criterion 3 – The Right to Light ...... 12 4. Artificial External Lighting ...... Error! Bookmark not defined.
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1. Introduction 1.01 This Planning Policy Advice (PPA) has been drafted to support Policy 1 – Criteria for All Development and Policy 2 – Design of the Orkney Local Development Plan, April 2017. Both policies seek to preserve existing amenity and ensure the amenity of proposed users is of an acceptable standard. Policy 2 also looks to ensure that new external lighting is designed to minimise light pollution.
1.02 Amenity refers to the positive elements that contribute to the overall character and / or enjoyment of an area by residents, visitors and other users. For example, open spaces, trees, historic buildings and the inter-relationship between them, or less tangible factors such as the feeling of tranquilly.
1.03 The most common form of amenity that is considered in planning is residential amenity. It is important to protect existing residential amenity and ensure new development has appropriate levels of residential amenity to ensure Orkney’s homes help improve people’s quality of life now and in the future.
1.04 Light pollution or obtrusive lighting from artificial lighting can have a negative effect on the amenity of a location. It can be a source of annoyance to surrounding users, be harmful to the environment, waste energy and have a negative impact on observers of the night sky.
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How to use this Planning Policy Advice
1.05 The relevant policies of the Orkney Local Development Plan 2017 are Policy 1 – Criteria for All Development and Policy 2 – Design. The content of this document is material for planning applications that are located within Orkney’s towns, villages, rural settlements and the open countryside.
Policy 1 – Criteria for All Development
Development will be supported where:
i. It is sited and designed taking into consideration the location and the wider townscape, landscape and coastal character; ii. The proposed density of the development is appropriate to the location; iii. It is not prejudicial to the effective development of, or existing use of, the wider area; iv. The amenity of the surrounding area is preserved and there are no unacceptable adverse impacts on the amenity of adjacent and nearby properties/users; v. It would not create an unacceptable burden on existing infrastructure and services that cannot be resolved; vi. It does not result in an unacceptable level of risk to public health and safety; vii. It is resource efficient and utilises sustainable construction technologies, techniques and materials and, where practicable, low and zero carbon generating technologies are installed; viii. It facilitates the prevention, reuse, recycling, energy recovery and disposal of waste, including where relevant, the use of Site Waste Management Plans; ix. It protects and where possible enhances and promotes access to natural heritage, including green infrastructure, landscape and the wider environment; and x. It protects and where possible enhances Orkney’s cultural heritage resources.
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Policy 2 - Design
Where relevant, proposals must demonstrate, through consideration of scale, massing, form, proportions, plot size/density, materials, layout and landscaping, that it complies with the following fundamental principles:
i. it reinforces the distinctive identity of Orkney’s built environment and is sympathetic to the character of its local area; ii. it has a positive or neutral effect on the appearance and amenity of the area; iii. it facilitates easy wayfinding to and around the development and is appropriately connected to pedestrian, vehicular and public transport routes, encouraging and prioritising pedestrian access; iv. it allows for future conversion, extension or adaptation to other uses; v. it promotes sustainable design, minimising use of energy and materials at all stages of the development, and maximises opportunities for shelter; and vi. all external lighting is designed to minimise light pollution.
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2. General Amenity
Statement 1 - When considering proposals for new development, it must be demonstrated that the existing amenity value of a location and the surrounding area will be effectively preserved or enhanced. Development which has an unacceptable adverse impact on amenity will not be supported.
2.01 Amenity refers to the positive elements that contribute to the overall character or enjoyment of an area. Amenity value is the pleasant or satisfactory aspects of a location, which contributes to its character and the overall enjoyment for users, residents or visitors.
2.02 When considering new development proposals, it is important to protect how existing users enjoy a location by ensuring there is no adverse disturbance between existing and proposed users and their activities, through one or any combination of noise, vibration, smell, fumes, smoke, soot, ash, dust, grit, privacy, proximity, excessive traffic movement, loss of natural day lighting or any other form of disturbance.
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3. Residential Amenity
Statement 2 - New development that has an unacceptable adverse impact on existing residential amenity will not be supported. Additionally, all proposed residential units will only be acceptable if they include acceptable levels of residential amenity for existing and future residents.
3.01 The definition of residential amenity in this document is the benefit enjoyed by residents from internal and external spaces of a residential unit; which depends on the quality of these spaces, their location, size, orientation, sounds and surrounding noises and smells. 3.02 A development proposal to create new residential units will have to demonstrate how they have successfully considered the following Residential Amenity Criteria and Statement 1 and 2 in the creation and protection of residential amenity. Residential amenity will not be considered in isolation from other material considerations such as innovative design and the creation of new places. There may be special cases where exemptions to the criteria may be required. For example, when bringing an unused listed building into a residential use where traditional outside space is not a back garden.
3.03 For the purpose of this document, residential units include houses and flats that are proposed through new build development and the conversion of existing buildings (includes Listed Buildings or buildings in a Conservation Area) and the sub- division of an existing domestic curtilage to create a new house.
3.04 “Main Habitable Rooms” is a term that is used in this document and includes living rooms, dining rooms, kitchens, bedrooms and any other room that it considered to be frequently used by the occupants for general living purposes. This definition excludes halls, landings, bathrooms, utility rooms and garages. Within the document reference will be made to both main habitable rooms and main habitable room windows.
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Residential Amenity Criterion 1 - The Creation and Protection of Dedicated Outside Space For Housing Development C1.01 All housing development is required to have dedicated outside space or garden ground to meet the recreational and domestic needs of the residents. This space should provide for passive and active recreational activity such as sitting out, entertainment, playing, gardening and clothes drying. These activities should generally be located in private enclosed garden ground at the rear of the property with the front garden ground generally having a more public character. As the public facing, principal elevations of properties will be more visible, the location of such items such as refuse bins and recycling storage, cycle storage or heating systems should be situated at the side or rear of the house; or in an outbuilding or garage.
C1.02 To create and maintain rear garden privacy, the minimum rear garden depth should be at least 10 metres as noted in picture 1. To maintain future residential amenity, if land is allocated for housing, or in the opinion of the planning authority has the potential for further housing development, this 10-metre requirement should be used. There may be material considerations why private garden ground cannot be created or protected in this manner. In these cases, the development will have to demonstrate how the existing private garden has been protected or recreated in another location within the curtilage, with consideration to direct overlooking from existing or proposed “main habitable room windows”.
Picture 1 - Demonstrating the 10-metre back garden rule
C1.03 To maintain and create garden privacy consideration should be given in the design to existing site features of the site such as topography, trees and shrubs as well as the proposed use of new planting and appropriate fencing. Note that these features could negatively affect the provision of sunlight and daylight.
C1.04 Areas within the curtilage that are occupied by garages, outbuildings, car parking and footpaths are not considered to be dedicated outside space for residential amenity.
C1.05 The size of outside amenity space will be dependent on the character of the development and the location, with ratios of builtform to outside space positively
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considering the neighbouring properties. In the open countryside location, it will be expected that the density is lower with larger outside amenity space than in the centre of Orkney’s urban areas such as Kirkwall or Stromness. The size of outside amenity space should be appropriate to the size of the residential unit that is being proposed or protected. For example, larger outside amenity spaces will be expected for a 3 to 4-bedroom house than a 1-bedroom house.
For Flatted Development C1.06 For all flatted residential development it is expected that there will be communal outside amenity space for the proposed occupants within the curtilage of the building for their sole use. This area will provide space for passive and active recreational activities such as sitting outside, playing and clothes drying. Bin and recycling storage, car parking areas, garages and bicycle storage should not be situated within the outside amenity space and should be located conveniently for occupants without having a negative effect on the visual amenity of the development.
C1.07 An element of the outside amenity space should be private, in a location where overlooking from proposed or existing living room windows is limited, and where sunlight can be maximized. Ground floor flats could be designed with their own dedicated outside space that can be accessed directly from their homes.
C1.08 In the urban cores of Kirkwall and Stromness, the redevelopment of sites and the conversion of historic buildings to form flatted development may not allow for outside amenity space. In these cases, the application must discuss the material weight of other aspects of the development and critically how the proposed new residents will be able to access public open spaces within 300 metres from the centre of the proposed development, by means of either walking or cycling. Whilst access to public open space is not generally considered to be a suitable alternative to private amenity space, in certain situations it may be acceptable on balance if a strong argument can be made.
Residential Amenity Criterion 2 – Privacy in the Home C2.01 This criterion seeks to maintain and create privacy within the residential unit itself. Privacy in the home is a necessity; individual houses and flats must be designed and sited in such a way that provides maximum amount of privacy for the occupants and at the same time avoids over-shadowing.
C2.02 Generally, this is achieved by not allowing any combination of main habitable room windows on any elevation, whether existing or proposed, on ground or first floors to directly face each within 21 metres. For a third storey this distance increases to 28 metres.
C2.03 This minimum distance between main habitable room windows may be reduced depending upon the angle of view. Table 1 provides an indication of
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distances and picture 2 demonstrates the reductions dependent upon the horizontal angle included between the shortest line joining any part of a living room window.
Table 1- Distances between main habitable room windows
Picture 2 - Distances between main habitable room windows C2.04 Notwithstanding these general standards, the planning authority recognises that adherence to minimum distances can discourage innovative design and reinforces the use of standard layouts. These standards maybe relaxed; and privacy in the home maintained and protected by the use of innovative solutions that consider varying floor levels and gradients, staggering facing habitable room windows, using obscure glazing and restricted openings, moving a main habitable room to another location within the residential unit, the use of upward-directional
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windows such as rooflights in upper storeys, the positioning of outbuildings, the erection of fencing and the planting of mature trees and shrubs.
C2.05 The Council will not normally impose these standards on proposed residential units when they face either proposed or existing residential units across a public road.
Residential Amenity Criterion 3 – The Right to Light C3.01 Existing and proposed residential development should benefit from an appropriate level of daylight, sunlight and minimise overshadowing. The planning authority will not support development that have a detrimental effect on daylighting, sunlighting or causes an unacceptable amount of overshadowing to another residential property’s private outside space.
C3.02 Daylight is defined as the amount of natural light that enters a home to provide satisfactory illumination of main habitable rooms between sun rise and sunset. Sunlight refers to direct sunshine. All new development should be designed to maximise the benefits of sunlight and solar gain. Overshadowing of a neighbouring residential property’s private outside space should be avoided so that residents can enjoy direct sunlight in these spaces.
C3.03 Quantitative standards are difficult to apply as cases can vary. The Building Research Establishment (BRE) publication of Site Layout Planning for Daylight and Sunlight provides guidance on good practice. One of the main standards used to inform design and a planning judgement is that no facing building breaks a 25- degree angle from the horizontal at a point 2 metres above floor level (the normal height of windows). This will achieve adequate levels of daylight and reduce other buildings being overbearing.
Picture 3 - The 25 degree rule for daylighting C3.04 In some circumstances where a development is considered to potentially cause an excessive loss of daylight, sunlight and / or overshadowing, an applicant
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will be required to complete an assessment using the methods that are set out in the Building Research Establishment Report ‘Site Layout Planning for Daylight and Sunlight: A Guide to Good Practice’ so as to demonstrate that the development will not have a negative effect daylighting and sunlighting.
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4. Minimising Obtrusive Lighting
Statement 3 - New artificial lighting, including the illumination of advertisements should not be obtrusive so that the amenity of surrounding users and the wider landscape/townscape setting is protected.
All artificial lighting should be directed to the required task with minimal or no upward spread or light spill; with the brightness appropriate to the task that the lighting is required for. Artificial lighting should be designed to be turned off or dimmed when not required.
C4.01 Artificial lighting can provide benefits socially and economically, but excessive and poorly designed artificial lighting can become a source of annoyance to surrounding users, be harmful to the natural environment, waste energy and detract from the enjoyment of the night sky. The best solution is to get the right light in the right place at the right time.
C4.02 Light pollution has a definition through the Environmental Protection Act 1990 as a statutory nuisance. This is when artificial lighting interferes unreasonably with how a neighbour enjoys their property, for example when a neighbour to the artificial light source requires black out blinds in a bedroom so that it is dark enough to sleep. Environmental Health at the Council administrates the powers within this Act.
C4.03 The planning authority acknowledges that not all artificial lighting or changes to existing artificial lighting requires planning permission but advices developers to positively consider reducing energy consumption and obtrusive external lighting; so as to protect Orkney’s night sky.
C4.04 Picture 4 depicts the difference between appropriate and useful artificial light (in green, that is directed downwards and is kept within the boundary of a property) and stray artificial light (in red, that may be directed upward and stray onto neighbouring properties). Stray artificial lighting can have a negative effect on the amenity of surrounding users and the wider landscape / townscape setting; and cause obtrusive light.
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Picture 4 - Depicting the difference between appropriate and useful artificial light The Artificial Lighting Criteria Below are 4 criteria that new artificial lighting should comply with to reduce obtrusive lighting, safeguard the amenity of surrounding users and protect the wider landscape / townscape setting.
Artificial Light Criterion 1 - Lighting Angle This is the angle to which lighting is distributed or emitted. The main beam angle should be kept below 70 degrees. The higher, the light is fixed from the ground, the lower the angle should be kept below 70 degrees. This angle must not disturb surrounding users by spilling onto their property. Light spread could be reduced by fitting shields and hoods to ensure the required area is lit. The diagrams below depict this.
Luminaire aiming angles
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Facade Illumination Artificial Light Criterion 2 - Energy Efficient The initial question to ask is the proposed lighting necessary and could the development proceed without it? Artificial lighting should consider costs, energy use and colour rendering. Artificial lighting especially task lighting should be designed so that it can be turned off when not required through the use of passive infra-red detectors, timers and / or on / off switches.
Artificial Light Criterion 3 - Security Lighting Security lighting should be fitted with passive infrastructure detectors and / or timing devices to make sure they minimise nuisance to neighbours and surrounding users and are not triggered by passing traffic or pedestrians outside the proposed site.
Artificial Lighting Criterion 4 – The Location Artificial lighting design should consider and respect the location of the proposed development and ensure that the lighting design is appropriate. For example, is the location urban or rural or is the development located within a designation such as a Conservation Area or a National Scenic Area.
The Lighting Design Process The Scottish Government’s publication of Controlling Light Pollution and Reducing Lighting Energy Consumption that can be found at: https://www2.gov.scot/Publications/2007/03/14164512/0
Annex A of this document details the lighting design process. Depending on the size, type and location of a proposed development, the Council may request evidence that the process set in this document has been followed in the design of the proposed artificial lighting scheme.
Other useful guidance can be found on the Institute of Lighting Professionals’ website at https://www.theilp.org.uk/
Dark Skies Status Some of Orkney’s communities already have limited obtrusive artificial lighting and are considering dark skies status; such as North Ronaldsay. The planning authority will work with these communities to develop their own lighting guidance and advice.
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1545 Appendix 6.
Industrial Estates and Business Parks Policy Statement
1. All land and property on the Council’s Industrial Estates and Business Parks is held on the Strategic Reserve Fund as Investment Property, to provide a commercial gain to the fund through primarily, but not exclusively, leasing agreements.
2. Subject to exclusions, serviced self-build industrial sites may be leased for terms of up to 99 years to business which might assist the Council to:
• Diversify the economy. • Increase employment. • Raise average earnings.
3. The term of any lease referred to at section 2 above will be negotiable, subject to evaluation of the development proposal.
4. Restrictions or special conditions might additionally apply to some sites of strategic importance.
5. Requests for lease of industrial sites from businesses that do not satisfy the criteria at section 2 above may be considered for terms of up to 5 years.
6. Any lease of buildings to qualifying businesses, will generally not exceed the estimated useful life of the building. Requests for lease of buildings from businesses that do not satisfy the criteria at section 2 above may be considered for terms of up to 5 years.
7. Any request outwith policy should be reported to the relevant committee for consideration by Elected Members.
8. Any request to purchase a site on the Industrial Estates at Hatston and Garson may be reported to the relevant committee for consideration by Elected Members under the following circumstances:
• If the request is accompanied by a development proposal that demonstrates that significant new additional permanent and well-paid local jobs will be created, where site development costs may be substantial, and where there is a demonstrable requirement to secure ownership of the site. In the event of a decision to sell the site, a lease should first be offered incorporating agreement to complete the sale upon satisfactory completion of the development and following the proposed business operation being established on the site. • If the request is submitted by a business which has invested significantly in a leased site in accordance with a previously agreed development plan, and has consistently complied with the terms and conditions of the lease, and where it has been demonstrated that ownership, rather than an extended lease, is necessary to secure the future of the business and its employees. • In the event of other circumstances being presented that will assist the Council to deliver against its strategic objectives. Appendix 7.
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Minute Harbour Authority Sub-committee Tuesday, 19 January 2021, 10:30.
Microsoft Teams.
Present Councillors Graham L Sinclair, Andrew Drever, Robin W Crichton, David Dawson, Owen Tierney and Heather N Woodbridge.
Clerk • Angela Kingston, Committees Officer. In Attendance • James Buck, Harbour Master. • Paul Olvhoj, Business Development Manager. • David Sawkins, Deputy Harbour Master: Strategy and Support. • Colin Kemp, Corporate Finance Senior Manager. • Karen Bevilacqua, Solicitor. Observing • Lorraine Stout, Press Officer (for Items 1 to 8, 10 and 11). Not Present • Councillor Magnus O Thomson. Declarations of Interest • No declarations of interest were intimated. Chair • Councillor Graham L Sinclair.
1. Form of Voting The Sub-committee resolved that, should a vote be required in respect of the business to be considered at this meeting, notwithstanding Standing Order 21.4, the form of voting should be by calling the roll or recorded vote.
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2. Disclosure of Exempt Information The Sub-committee noted the proposal that the public be excluded from the meeting for Items 9 and 10, as the business to be discussed involved the potential disclosure of exempt information of the classes described in the relevant paragraphs of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973 as amended.
3. Revenue Expenditure Monitoring After consideration of a joint report by the Executive Director of Development and Infrastructure and the Head of Finance, copies of which had been circulated, and after hearing a report from the Corporate Finance Senior Manager, the Sub-committee:
Noted:
3.1. The revenue financial summary statement in respect of the Scapa Flow Oil Port and Miscellaneous Piers and Harbours for the period 1 April to 31 December 2020, attached as Annex 1 to the joint report by the Executive Director of Development and Infrastructure and the Head of Finance, which indicated a budget deficit position of £2,350,900.
3.2. The revenue financial detail by Service Area statement in respect of the Scapa Flow Oil Port and Miscellaneous Piers and Harbours for the period 1 April to 31 December 2020, attached as Annex 2 to the joint report by the Executive Director of Development and Infrastructure and the Head of Finance.
The Sub-committee scrutinised:
3.3. The explanations given and actions proposed, in respect of significant budget variances, as outlined in the Budget Action Plan, attached as Annex 3 to the joint report by the Executive Director of Development and Infrastructure and the Head of Finance, and obtained assurance that action was being taken with regard to significant budget variances.
4. Miscellaneous Piers and Harbours Revenue Maintenance Programme – Expenditure Monitoring After consideration of a report by the Head of Finance, copies of which had been circulated, and after hearing a report from the Corporate Finance Senior Manager, the Sub-committee:
Noted:
4.1. The summary position of expenditure incurred, as at 31 December 2020, against the approved Miscellaneous Piers and Harbours revenue maintenance programme for financial year 2020/21, as detailed in section 5.1 of the report by the Head of Finance.
The Sub-committee scrutinised:
4.2. The detailed analysis of expenditure figures and programme updates, attached as Appendix 1 to the report by the Head of Finance, and obtained assurance that action was being taken with regard to significant budget variances and progress made with delivery of the approved Miscellaneous Piers and Harbours revenue maintenance programme.
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5. Miscellaneous Piers and Harbours and Scapa Flow Oil Port Minor Capital Improvement Programmes – Expenditure Monitoring After consideration of a report by the Head of Finance, copies of which had been circulated, and after hearing a report from the Corporate Finance Senior Manager, the Sub-committee:
Noted:
5.1. The summary position of expenditure incurred, as at 31 December 2020, against the approved Miscellaneous Piers and Harbours and Scapa Flow Oil Port minor capital improvement programmes for 2020/21, as detailed in section 4.1 of the report by the Head of Finance.
The Sub-committee scrutinised:
5.2. The detailed analysis of expenditure figures and programme updates, attached as Appendix 1 to the report by the Head of Finance, and obtained assurance that action was being taken with regard to significant budget variances and progress made with delivery of the approved Miscellaneous Piers and Harbours and Scapa Flow Oil Port minor capital improvement programmes.
6. Harbour Authority Annual Performance Report After consideration of a report by the Executive Director of Development and Infrastructure, copies of which had been circulated, and after hearing a report from the Business Development Manager, the Sub-committee:
Scrutinised the Annual Performance Report in respect of the Harbour Authority for the operating period 1 April 2019 to 31 March 2020, attached as Appendix 1 to the report by the Executive Director of Development and Infrastructure, and obtained assurance.
7. Harbour Authority Business Aims and Objectives After consideration of a report by the Executive Director of Development and Infrastructure, copies of which had been circulated, and after hearing a report from the Business Development Manager, the Sub-committee:
Noted:
7.1. That the Harbour Authority existed to serve two primary purposes, namely:
• To support lifeline marine services to and within the island communities. • To support the harbour operations associated with the Flotta Oil Terminal and the Scapa Flow Oil Port.
7.2. That, in addition to the primary purposes referred to at paragraph 7.1 above, the Harbour Authority provided a core service to marine activity within Orkney waters and had the capability to provide commercial services, which could generate vital additional income for the Council from a range of business activities.
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The Sub-committee resolved to recommend to the Council:
7.3. That the Harbour Authority business aims and objectives for 2021 to 2023, attached as Appendix 1 to this Minute, be approved.
8. Exclusion of the Public On the motion of Councillor Graham L Sinclair, seconded by Councillor Andrew Drever, the Sub-committee resolved that the public be excluded for the remainder of the meeting, as the business to be considered involved the disclosure of exempt information of the classes described in Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973 as amended.
9. Proposed Harbour Charges Under section 50A(4) of the Local Government (Scotland) Act 1973, the public had been excluded from the meeting for this items on the grounds that it involved the disclosure of exempt information as defined in paragraph 9 of Part 1 of Schedule 7A of the Act.
After consideration of a report by the Executive Director of Development and Infrastructure, copies of which had been circulated, and after hearing a report from the Harbour Master, the Sub-committee:
Resolved to recommend to the Council that the Orkney Islands Council Harbour Authority Schedule of Charges, attached as Appendix 2 to this Minute, be approved, to take effect from 1 April 2021.
The above constitutes the summary of the Minute in terms of the Local Government (Scotland) Act 1973 section 50C(2) as amended by the Local Government (Access to Information) Act 1985.
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10. Marine Services Staffing Resource Under section 50A(4) of the Local Government (Scotland) Act 1973, the public had been excluded from the meeting for this items on the grounds that it involved the disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 7A of the Act.
After consideration of a report by the Executive Director of Development and Infrastructure, copies of which had been circulated, and after hearing a report from the Deputy Harbour Master: Strategy and Support, the Sub-committee:
Resolved to recommend to the Council what action should be taken with regard to the staffing resources within Marine Services.
The above constitutes the summary of the Minute in terms of the Local Government (Scotland) Act 1973 section 50C(2) as amended by the Local Government (Access to Information) Act 1985.
11. Conclusion of Meeting At 12:03 the Chair declared the meeting concluded.
Signed: Graham L Sinclair.
1551 Appendix 1.
Business Aims and Objectives 2021-23
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Contents
1. Introduction ...... 1 2. Background ...... 1 3. Current Core Business ...... 2 4. Passenger and Freight Services to the Scottish Mainland and Shetland ...... 2 5. Cruise Ship Port Calls ...... 3 6. Tanker Movements to Flotta Terminal ...... 3 7. Ship to Ship Transfers ...... 3 8. North Sea / West of Shetland Oil and Gas Vessels / Semi-Submersibles ...... 3 9. Delivering Success with Objectives ...... 3 10. Summary ...... 8 11. Conclusions ...... 8
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1. Introduction 1.1. Marine Services, a division of Orkney Islands Council, as the Competent Harbour Authority (CHA), is responsible for the safe and efficient operation of the 29 piers and harbours located throughout the Orkney Islands under its jurisdiction and operates under the principles set out in the Port Marine Safety Code.
1.2. The range of ports and harbours within Marine Services are both varied and diverse; from the Oil Port of Scapa Flow that hosts multiple ship to ship transfer operations of crude oil and vessels serving the Flotta Oil Terminal, to the major harbours of Kirkwall and Stromness that receive on average 160 cruise ships annually, making Orkney the most popular cruise ship destination in the UK, to the remote island facilities of the North and South Isles, which receive almost daily lifeline services from our fleet of 13 inter-island ferries carrying over 320,000 passengers annually.
1.3. Scottish mainland ro-ro ferry services via Northlink Ferries operate on a daily basis to the ports of Aberdeen and Lerwick from Hatston and Scrabster from Stromness; a container service operates twice weekly from Lerwick and Aberdeen to Kirkwall. Pentland Ferries operates from St Margaret’s Hope to Gills Bay in Caithness and operates both passenger and freight services.
1.4. In addition to the larger vessels using the port facilities, there is a strong commercial inshore fishing fleet located throughout the islands as well as the ever increasing pleasure craft fleet, some of which call into our three marinas in Kirkwall, Stromness and Westray.
1.5. Orkney Harbour Authority presents its Business Aims and Objectives for the financial years 2021-24. This delivers an objective focus on our marine economy, identifying actions across all sectors and setting out how these will be achieved and measured for success.
2. Background 2.1. The Harbour Authority exists to serve two primary purposes:
• To support lifeline marine services to and within the island communities. • To support the harbour operations associated with the Flotta Oil Terminal and the Oil Port of Scapa Flow.
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2.2. Additionally, we have the responsibility to operate all the piers and harbours under our jurisdiction safely. Operating on a commercial business model the Harbour Authority provides information on business and financial activity for both the Miscellaneous Piers and Harbours and the Scapa Flow Oil Port functions via an annual report to the governing Harbour Authority Sub-committee.
2.3. It is to be noted that the Scapa Flow Oil Port and Miscellaneous Piers and Harbours Accounts were established as separate accounts from the General Fund of the Council and also separate from each other as set out in the Orkney County Council Act 1974.
3. Current Core Business 3.1. The Harbour Authority’s main commercial focus of the past five years has been in sustaining its revenue streams in oil and gas operations in Scapa Flow with tanker movements to the Flotta Terminal and ship to ship transfer operations, the growth and retainment of cruise ship calls and a variety of commercial shipping including, freight and passenger vessels, oil and gas support vessels and marine renewable energy technologies and their supporting fleet for the miscellaneous piers and harbours account.
3.2. It is clear that the effect of the COVID 19 pandemic will show on the figures going forward for all businesses and there are many unknown factors still to be seen as we move towards a post pandemic world. On top of this there will be extra challenges seen due to the end of the transition period for leaving the EU and the effect that Brexit will have on business. These unprecedented challenges mean that Orkney Harbour Authority will have to show a flexible and determined leadership to make the most of opportunities to increase and diversify their business.
3.3. The Harbour Authority’s Miscellaneous Piers and Harbours (MPH) account and Scapa Flow Oil Port account have historic core revenue streams which continue to be active and supported, and these are listed below:
4. Passenger and Freight Services to the Scottish Mainland and Shetland 4.1. This business, which relates to services currently operated by Serco Northlink, demonstrates, in general terms year on year growth. This is particularly the case in the freight sector with variations between services at Hatston and Stromness. There is strong competition locally on alternative routes and this acts as a brake on the growth in the activity for the Harbour Authority.
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5. Cruise Ship Port Calls 5.1. Outside of COVID-19, which saw the loss of the 2020 cruise season and may affect future seasons, the local cruise industry remains robust with year on year increases in both calls and passenger numbers.
5.2. The strong offer that Orkney has developed to the industry has resulted in a high appreciation for Orkney to be the itinerary list for most major lines and this will not be diminished by the pandemic.
6. Tanker Movements to Flotta Terminal 6.1. Forecasts of tanker movements from the terminal operators, Repsol Sinopec UK, show a decline in the numbers of tankers calling at Flotta from the 31 in the current financial year to an expected 5 in 2029-30.
7. Ship to Ship Transfers 7.1. The continued success of our STS transfer business proves the decision to invest in and implement the current Ballast Water Management Policy and the oil transfer licence for such operations. Although this market is to a large extent uncontrollable for a harbour authority, with factors such as weather and oil price affecting the trade, Scapa Flow does remain the premier safe location for these operations in Northern Europe.
8. North Sea / West of Shetland Oil and Gas Vessels / Semi- Submersibles 8.1. The vessels that call at Orkney Harbour Authority piers to undertake turn around operations such as repairs and crew changes prior to returning to their operating locations is a lucrative business which is affected by the lack of quay space, in particular at Hatston Pier. Additionally, Scapa Flow is an ideal anchorage for semi- submersibles to moor when out of work. This business is also very lucrative to the local supply chain which tenders the rigs when they are in Scapa Flow.
9. Delivering Success with Objectives 9.1. To ensure that we deliver the lasting value that will show benefit, Orkney Harbour Authority has split its key objectives into the following strategic headings: • To support the sustainable expansion of Orkney Harbour Authority’s business. • To promote original means of utilising our natural assets to increase income.
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• Involve the community in how our business works. • Use our skills and knowledge to deliver success and ensure that the business can thrive. • Connect with regional, national and international agencies, associations and businesses.
9.2. Using these themes, we can then deliver on the following objectives that are set out with measurable milestones that can be referred to measure our success.
9.3. Supporting the Sustainable Expansion of Business Sector Objective Actions Oil and Gas. Connect with analysts to identify Compile list of relevant market trends that affect the STS companies, contact and transfer. update with Scapa Flow operating parameters. Flotta. Engage and develop relationship Identify key projects and with Repsol / Flotta to promote a assign actions to them. co-ordinated approach to terminal diversification. Cruise. Promote Orkney as a sustainable Link into the Sustainable destination for new cruise markets. Tourism project. Look at achieving certification in being a sustainable destination. Cruise. Provide detailed information on Visits to North Isles alternatives to mainland / usual identifying SWOT calls concentrating on North Isles. analysis of possible cruise calls. Offshore Wind. Working with developers / Engage with all parties consultants / marine contractors to to ensure that latest ensure that our facilities are able to information / designs / meet the needs of the industry. progress is communicated. Marine. Market Scapa Flow as a strategic Provide material to bunkering location. showcase the advantages of Scapa Flow. Utilise contacts and agents to assist in this. Offshore Wind. ScotWind leasing round. Work with the winning developers of the bids to facilitate use of Orkney as a strategic location.
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Sector Objective Actions Freeports. Contribute to the Scottish Complete both Government survey and governments’ consultation on freeports and consultations and enterprise zones. surveys.
9.4. Promoting Original Means of Utilising our Natural Assets Sector Objective Actions Harbours On back of the launch campaign Once the concept design Masterplan. for the Masterplan, provide key phase is complete, stage updates to all key redesign Masterplan stakeholders. landing page with graphics. Measure success with visits / views / sign ups to mailing list Scapa Flow. Create a brand for our key facilities Working with developers that provides links to identified to define the brand and, developments and their locations, in co-operation, market with a central theme based around this across all levels. Scapa Flow. Cruise. Take a fresh look at the cruise Identify market trends, in market interaction with Orkney. the post COVID-19 cruise sector, calculate the actual profits across all cruise vessels and align with Orkney’s offer. Semi- Continue to highlight the benefits Outside of the current Submersibles. of utilising the safe waters at customers, identify new Scapa Flow for the mooring of potential clients and semi-submersibles. market the benefits of Scapa Flow for this market. Highlight the increased opportunities that will be provided by the Harbours Masterplan. Lyness. Market the potential of the site at Include in all discussions Lyness. with developers around Offshore Wind. Draw up a list of benefits and highlight the work already done at site.
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9.5. Involving our Community Sector Objective Actions Harbours Liaising with community councils to Communicate with key Masterplan. showcase opportunities of the stakeholder groups to Masterplan developments. inform and learn about Masterplan. Marine Operations. Provide messaging on Harbour Liaise with local Authority activities via social media community groups, and open visits to highlight our including community activities. councils, to provide information on our operations. Offshore Wind. Work with the local supply chain to Work with Highlands and develop an Orkney Cluster to islands Enterprise (HIE) supplement the sector statements. to develop a local Orkney cluster for supply chain demands from future business. Marinas. Discuss and consider the plans for Consider government growth in marine tourism, in reports, investigate particular, on the outer isles. funding options and link in with Scottish Year of Coast and Waters. Inshore Fishing. Discussions on improvements of Continue dialogue to list facilities at piers around islands. needs from sector. Identify these needs and look at options to solve with the operations department.
9.6. Developing our Skills
Sector Objective Actions
All. Develop knowledge database of all Identify Customer contacts. Relationship Management (CRM) tool, integrate with current contact lists.
Marketing. Increase the presence of Orkney Continue to push content Harbour Authority across social on social media – media platforms. targeting specific users per platform. Growing a strong social media presence.
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Sector Objective Actions
Cruise. In-house training for Marine To make the Services staff on cruise operations. management team aware of not only cruise operations.
Marketing. Develop a continuous monthly Refresh the design of the content that highlights the work of harbours website to allow the Harbour Authority. easy updating of new content.
Business Site visits to increase knowledge of A programme of visits to Development. opportunities. all facilities that will identify commercial leads across all sectors.
Finances. To carry out a full assessment of Working from simple all operations to identify costs, financial performance trends and lead into schedule of report spreadsheets to charges. adding onto the Port Marine Information System, Denbridge, all income and expenditure for operations that will allow accurate rate setting for new business and assessment of ongoing work
9.7. Developing our Regional / National and International Relationships and Alliances Sector Objective Actions Arctic. To develop and where possible Take a role in HiNABA lead discussions within the port port discussions to share group of the High North Atlantic information and look at Business Association (HiNABA). opportunities. Cruise. Link with ports in region to discuss Using current and new sustainable cruise initiatives. contacts reach out to other major cruise ports in region.
Cruise To increase standing in cruise Working within our association groups – CLIA / Cruise membership to develop a Europe / Cruise Britain / Cruise strategy to ensure Scotland.
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Sector Objective Actions Orkney has voice within key industry discussions. Investment. Investigate all opportunities for Looking at the Harbours private investment in Harbour Masterplan facilities and Authority facilities. identifying the industry groups / consortiums that are keen to become involved in these opportunities and developing a structure to accommodate this
10. Summary 10.1. These objectives will show a pathway to a sustained success and growth profile for Marine Services businesses that will look at onward relationships to reinvestment in marine infrastructure and facilities.
10.2. It is intended that this Business Aims and Objectives will align with the Project Initiation Document (PID) and some of the actions reflect the objectives highlighted in this document. The main objective is to pursue a defined business growth and sustainability strategy for Marine Services that shows a specific focus in growth in the energy transition sector, from hydro-carbons to carbon free fuels.
10.3. The opportunities for Orkney that can be derived by these objectives are not restricted to one core business but the UK and Scottish Governments’ commitments to Offshore Wind provide a unique opportunity for Marine Services and the islands as a whole. Ongoing engagement with government and agencies, such as Crown Estate Scotland, will continue through all means possible by the wider Council members and officers.
10.4. It is important to note that this Business Aims are concerned with the business development of the Harbour Authority through each of the sectors described above but it is linked with various strategic projects and discussions that are ongoing within the Council. Equally there needs to be further work to develop these aims and objectives into a full plan that include financial forecasts, linking these to targets.
11. Conclusions 11.1. The challenge in the period that is covered by the Business Aims, is to maintain, if not increase, the gross revenues on both the Miscellaneous Piers and Harbours and Page 8.
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Scapa Flow Oil Port accounts. Although there are some opportunities to grow the current business streams it is through diversification that a fundamental change in the Marine Services finances’ will occur. New business will inevitably be in sectors that will assist in reaching the various climate change targets and will allow the Harbour Authority to align with the decarbonisation theme that is included in the Harbours Masterplan.
11.2. The Harbours Masterplan is seen as a key economic driver for Orkney and the proper association of the harbours’ business with the Council’s strategic projects are all essential to the development of the harbour and its growth as an economic force for the good of Orkney and the Council’s finances.
11.3. The success of the Harbour Authority is attributed in part to market conditions and to the marketing and business development activity by staff to grasp opportunities. These aims and objectives plan, and the included objectives, provide a framework for these activities over the coming months and years.
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SCHEDULE As of 01 April 2021 OF CHARGES
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Orkney Harbour Authority Area
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Schedule of Charges as from 1 April 2021
Contents
Definitions ...... 1 Caveats ...... 1 General Conditions ...... 3 1. Vessels and Goods ...... 4 Ship Dues ...... 4 Vessels, Barges and Devices Utilising an Orkney Islands Council Pier ...... 4 Vessels Entering the Harbour but Not Utilising at an Orkney Islands Council Pier ...... 5 Vessels Entering the Harbour and Utilising an Anchorage or Mooring Point ...... 5 UK Border Force or HMRC Inspection and Detention ...... 5 Layby ...... 5 Period Dues ...... 6 Environmental Levy ...... 6 Compound Charges ...... 6 Good Dues ...... 7 General Cargoes ...... 7 Ship to Ship Cargo Transfers within Harbour Limits ...... 9 Bunkering Operations ...... 9 Port Administration ...... 10 Harbour Craft Charges ...... 10 Terms & Conditions for Vessels and Goods ...... 11 2. Pilotage ...... 13 Pilotage Services ...... 13 Pilotage Charges ...... 13
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Over Carriage ...... 14 Pilotage Exemption Certificates, Authorisations & Assessments ...... 14 North Sea Pilots ...... 14 Terms & Conditions for Pilotage ...... 15 3. Towage ...... 16 Towage Charges ...... 16 Charter Rates ...... 16 Towage Administration ...... 16 Terms & Conditions for Towage ...... 17 4. Quay, Slipway and Laydown Charges ...... 18 Quay Charges ...... 18 Slipway Charges ...... 18 Laydown Area Charges ...... 18 Penalties ...... 19 Terms & Conditions for Quay, Slipway and Laydown Charges ...... 20 5. Sundry Charges ...... 21 Waste Charges ...... 21 Port Security Charges ...... 21 Harbour Infrastructure Hire Charges ...... 22 Utility Charges ...... 22 Port Data Services ...... 22 Ancillary Port Services ...... 22 Terms & Conditions for Sundry Charges ...... 23
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Definitions
In these terms and conditions and charging provisions, unless the context otherwise requires: “Device” means any floating, submerged or semi-submerged machine, structure or apparatus used for the generation or production of electricity, hydrogen or any other product, liquid or gas. This includes any unpropelled structure or machine. Self-propelled equipment will be deemed to be a vessel and treated as such for the purposes of these charges. “Docking” is tied up to, made fast or secured to an OIC jetty or pier, or secured adjacent to or on the seabed in close proximity to any OIC pier. “Services” means any service or operation of whatsoever nature performed or provided by Marine Services. “The Harbour” means the Orkney Islands Harbours as defined in the Orkney County Council Act 1974 (including the approaches thereto), bridges, wharves, quays, berths, roads, and other property and works of every description and nature, and the buildings, structures and erections thereon, in the Harbours of Orkney for the time being owned, occupied or managed by Marine Services. The port limits are as defined in the Orkney County Council Act 1974 “Vehicle” means any vehicle, including any motor car, motorcycle, lorry, trailer, tractor, steam roller, excavator, agricultural machine or other machine on wheels or tracks. “Vessel” means any vessel, including any hovercraft, hydrofoil vessel and anything constructed or used to carry persons, goods or cargo by water. Caveats
Unless the context otherwise requires, words implying the singular include the plural and vice versa and words importing gender shall include any other gender. Unless otherwise stipulated in any special conditions relating to services and facilities provided by Marine Services, all vessels may enter or leave the Harbour or use Marine Services equipment or facilities or the service of its employees for or in connection with the loading, discharging or trans-shipping of cargo or in connection with repairing, fitting out, victualing, provisioning or laying-by of the vessel only with the consent of Marine Services and subject to: a. payment of the relevant dues or other charges; b. such terms and conditions as Marine Services may impose; c. the lawful directions of the Harbour Master or other appropriate officers of Marine Services, and d. compliance with the Statutes, Byelaws and regulations of Marine Services. Marine Services notwithstanding any consent given or arrangement made shall be at liberty to vary, postpone or cancel such arrangements for any reason whatsoever without Marine Services thereby incurring to any person any liability whatsoever for loss, damage, injury, delay or expense. Marine Services does not take any charge of or assume any responsibility whatsoever in respect of any vessel navigating or lying in the Port, or entering, leaving, moving, mooring or unmooring in the Harbour; all craft under such circumstances being at the sole risk of the owner, who alone is responsible for the safety and security of their vessel and moorings and also for any damage done by their vessel or servants to the Harbour, or to vessels or goods in or upon any part of the Harbour.
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All goods at the Harbour (whether in transit, laid down or deposited) are at the owner’s risk in every respect. Marine Services has no custody of such goods and shall not be responsible for any loss or damage. Goods are not in the custody of Marine Services unless taken possession of by Marine Services as warehousemen or carriers in accordance with Marine Services relevant terms and conditions from time to time in force. Marine Services shall be undertaken only in accordance with Marine Services relevant terms and conditions from time to time in force. Marine Services requires the appropriate requisition, together with any other necessary documents, to be lodged before any service is begun. When an agent for a vessel ceases to act whilst that vessel is still in the Harbour and does not accept responsibility for all charges arising, that agent must at once notify Marine Services so that charges may be correctly debited to the responsible parties. When discharging or loading a vessel, Marine Services may, on request, furnish to the owner or agent an estimate, to the best of its ability, of the time at which discharging, or loading is likely to finish. In giving this estimate, Marine Services accepts no responsibility for any inaccuracy or for any delay in finishing discharging or loading. The charges and terms herein are subject to alteration at any time. Where Marine Services has agreed to provide any services in respect of which no charges have been assigned therein, then the charges applicable to those services shall be as determined from time to time by Marine Services.
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General Conditions
Documents to be Furnished by the Customer, Master or Owner Unless otherwise agreed in advance by Marine Services, the Customer, Master or Owner of every vessel discharging or loading cargo must supply to Marine Services the following documents confirming the quantity of cargo discharged or loaded in the Harbour and the days upon which discharging, or loading took place: i) Bills of Lading or Cargo Manifest (indicating the weight of cargo and details of the shippers, consignees and freight payers); and ii) Statement of Facts Where the quantity of cargo discharged does not match that shown on the relevant Bill of Lading, then a certified discrepancy report (including details of supporting surveys etc.) must be provided. These documents must be supplied by the Customer, Master or Owner, or the appointed Agent, to Marine Services within two working days of the day upon which the vessel completes discharging or loading as appropriate. The documents must be submitted (as PDF-format attachments) via e-mail to [email protected]
Audit Marine Services reserve the right, upon the giving of reasonable notice to the Customer, Master, Owner, Vessel Agent, Operator, Cargo Receiver or Cargo Shipper, to require the production of, and to receive, view and / or copy, any relevant document or material within that party’s reasonable control that demonstrates and evidences the quantum or movement of any cargo or other throughput that may be received, loaded, discharged, stored or otherwise handled within the Port. Such documentation and materials shall be provided to Marine Services upon request, without charge and during Marine Service normal working hours. For the purposes of undertaking periodic audits, Marine Services also reserve the right to review any recordings, data, reports, measurements produced from equipment under the control of any party and used to load, discharge or store and monitor cargo e.g. including but not limited to CCTV / ANPR etc.
Terms and Conditions All activities undertaken and Services provided by Marine Services are in accordance with these terms and conditions and charging provisions, and all applicable Statutes, Byelaws, Directions and Terms & Conditions for trade or the supply of Services, which shall continue to apply except where varied from time to time by Marine Services. These terms shall be governed by and construed in accordance with Scottish Law.
Payment Except where specified herein to the contrary, all charges payable hereunder shall be payable on demand unless otherwise agreed by Marine Services. Marine Services may charge interest on any overdue amount in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Value Added Tax (or any other tax required to be levied on Marine Services charges) shall be payable where applicable at the appropriate rate current from time to time on and in addition to the charges specified or referred to herein. Marine Services VAT Registration number is GB 267 7995 83. Payments should be made payable to Orkney Islands Council Remittances should be sent to [email protected]
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1. Vessels and Goods Ship Dues
These rates are chargeable upon entry to our jurisdiction & cover the vessel for a 96 hour period in port (Subject to Confirmation of Classification). All vessels below are subject to a Minimum Charge of £32 per vessel and £23 per visiting pleasure craft. Vessels, Barges and Devices Utilising an Orkney Islands Council Pier The following will be charged on use of an Orkney Island Council Pier (£ per GT): General Cargo Vessels, Tankers & Bulk Carrier £0.57 Tankers proceeding to Flotta Oil Terminal £2.84 All vessels engaged operating a regular daily or weekly service between the Scottish £0.38 Mainland and Orkney* All vessels engaged operating a regular daily or weekly service between the Orkney £0.38 Islands* Cruise liners and vessels engaged in commercial tourism, including commercial dive £0.33 vessels* Vessels engaged in the provisions of service and supply of materials for and to vessels £0.45 at anchor or within the Harbour limits Passenger launches/ Workboats servicing the Flotta Oil Terminal £0.38 Tugs & Offshore Support Vessels (including those with walk to work technology) £0.57 Barges & Self-Propelled Jack-up Vessels £0.57
Fishing Vessels & Training Vessels (including tall ships): Up to 50 GT £32.00 Over 50 GT up to 100 GT £44.00 Over 100 GT up to 200 GT £55.00 Over 200 GT up to 300 GT £65.00 Over 300 GT £75.00
With £1.08 every GT or part thereof over 300 GT minimum Vessels, devices and barges not in possession of ITC69 certificate:- Under 40m in length £2.10 per m 40m and over in length £3.80 per m
Recreational and Pleasure Craft (£ per vessel): Up to 10m in length £23.00 10m in length and over £23.00
Plus £1.85 per metre or part thereof minimum Recreational and Pleasure Craft Vessels only staying in Orkney for 14 days or more, who pay in advance will receive a 40% discount on dues.
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Vessels Entering the Harbour but Not Utilising at an Orkney Islands Council Pier Vessels of all types, and in any state entering the Harbour Area for any purpose but who do not enter any dock, or utilise any pier owned by Orkney Islands Council will be charged (£ per GT): Where a vessel enters for safety by stress of weather or on direct passage no charge will be applied. All vessels, except recreational vessels £0.23
Vessels Entering the Harbour and Utilising an Anchorage or Mooring Point The following will be charged on use of an anchorage or mooring point (or within the harbour areas) within Orkney Island Council Harbour Area for a vessel in possession of an ITC69 certificate: Short Term (£ per GT) First 6 hours £0.06 Every additional 24 hours or part thereof £0.05 Long Term (£ per GT per vessel per 24 hour period or part thereof) Vessel up to 10,000 GT £0.007 Vessels over 10,000 up to 50,000 GT £0.006 Vessels over 50,000 up to 100,000 GT £0.005 Vessels over 100,000 GT £0.004 Vessels, devices and barges not in possession of ITC69 certificate. Short Term (price per m per 24 hour period or part thereof): Under 40m in length £1.25 40m and over in length £2.50 Long Term (price per m per 24 hour period or part thereof) Under 40m in length £0.99 40m and over in length £1.60
Anchorages occupied in excess of 14 days (336 hours) will be considered a Long Term anchorage and subject to the appropriate charge after this time. Long Term anchorages are subject to a minimum 92 Day charge. UK Border Force or HMRC Inspection and Detention Any Vessel subject to UK Border Force of HMRC Inspection or Detention, or any by any similar Government agency may be subject to additional charges, at the discretion of the Harbour Authority, for the use of any port facilities. Layby Vessels which are off charter (not actively employed) or not under maintenance/repair may be entitled to a reduced Layby rate. Application for this rate would need to be approved in advance by the Harbour Master.
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Period Dues Any Vessel included in ‘Ships Dues’ above which remains in the harbour for a continuous period greater than 96 hours from entry will be charged ¼ of the applicable harbour dues for each successive complete or incomplete period of 24 hours that it remains thereafter. Any Vessel subject to the Minimum Charge under ‘Ships Dues’ will be charged for each complete or incomplete period of 96 hours that it remains after the first period. Environmental Levy Every vessel which comes into or goes out of the Harbour is liable for the Environmental Levy thereon as set out below: Per GT of the vessel per Voyage per entry into the harbour area (Minimum Fee £0.20 per voyage): Vessels carrying Hydrocarbons Cargo as cargo £0.01 All Other Vessels £0.004 Vessels powered by LNG and classified as such £0.002 Vessels certified carbon free No charge
Compound Charges Consolidated, compound charges, payable in advance for all vessels, devices, barges and pleasure craft. Vessels up to 50 GT and those not in possession of an ITC 69 Certificate: Under 10m £165.00 10m and over but under 12m £260.00 12m and over but under 15m £370.00 15m and over but under 18m £590.00 18m and over but under 21m £740.00 21m and over but under 24m £1,110.00 24m and over but under 27m £1,400.00 27m and over but under 30m £1,685.00 Over 30m minimum £1685.00 plus £50.50 per metre or part thereof over 30m.
Vessels over 50 GT and in possession of and ITC 69 Certificate (£ per GT): Over 50 GT up to 100 GT £11.70 Over 100 GT up to 200 GT £12.85 Over 200 GT up to 300 GT £14.00 Over 300 GT up to 400 GT £19.85 Over 400 GT up to 500 GT £28.00 Over 500 GT up to 600 GT £38.52 Over 600 GT £52.51
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Good Dues General Cargoes Price Band A (£ per unit) Aggregates (per tonne) £0.75 Unprocessed Timber £0.75 Animal Feed, Barley, Pulses, Wheat & Grain (per tonne) £0.94
Price Band B (£ per unit) Tubulars (pipe work) & Grout (per tonne) £1.13 Cement £1.42 Fertiliser (including Basic Slag) £1.42 Sawn Timber (per cubic metre) £1.42
Price Band C (£ per unit) Profiles £2.12 Scrap Metal £2.15 Steel Sections (max 8 tonne per section) £2.15 Concrete Mats & Structures (per tonne) £2.82 Crane Parts/Components (per tonne) £3.34
Price Band D (£ per unit) All other Metal Fabrications (per tonne) £4.52 Decommissioning related cargo (per tonne) £6.89 Turbines, Compressors, Boilers & Pipework (per tonne) £10.19 Automotive (New/Unregistered) per vehicle £10.19
Fuels (£ per unit) Solid Fuels, Coal, coke, logs etc (per tonne) £1.38 Petroleum Products (Fuel Oil, Diesel, Kersoine etc) (per tonne) £2.19 Gas (per tonne) £2.19
Closed Container Units (CCU’s) (£ per unit) Closed Container Units of any size £5.51
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Passenger Dues Ferry (External) Adult £1.75 Child (under the age of 12) £0.88 Cruise (Hatston Pier) Passenger £1.75 Cruise (other than Hatston Pier) Passenger £1.55
Vehicles (Ferry - External) Private owned vehicles, motor homes, caravans, trailers, boats etc not in commercial use: Motor Vehicles under 4.5m £9.07 Motor Vehicles 4.5m up to 7.5m £10.50 Motor Vehicles 7.5m up to 10m £18.50 Motor Vehicles over 10m £32.50
plus £0.87 for each additional half metre minimum Motor Cycle £3.68 Motor Cycle with sidecar £7.43 Pedal Cycle £1.38 Commercially owned and operated vehicles, motor homes, trailers etc: Motor Vehicles under 7.5m £11.67 Motor Vehicles 7.5m up to 10m £23.29 Motor Vehicles 10m up to 12.5m £37.00 Motor Vehicles over 12.5m £50.54
plus £0.87 for each additional half metre minimum
Aquaculture, Fish, Shellfish and Livestock Aquaculture (per tonne) Fish/Salmon Food £1.80 Fish, Shellfish and Crustacean (per tonne) Fish, Shellfish or Crustacean direct from Sea £2.88 Fish, Shellfish or Crustacean harvested £2.88 Smolts £1.80 Processed Fish, Shellfish or Crustacean £1.80
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Livestock (per head) Cattle £0.87 Horses £0.87 Sheep £0.50 Other Livestock/animals £0.50
Windfarm Components and Renewable Energy Devices WTGs (Nacelles) (per tonne) £6.00 Tower Sections (per tonne) £6.00 Blades (per tonne) £6.00 Cable Reels, Carousels & Windfarm Other (per tonne) £6.00 Concrete Mats & Structures (per tonne) £2.82 Monopiles, Jackets & Gravity Based Foundations (per tonne) £6.00 Grout Bags & Pallets (per tonne) £2.31 Transfer Pieces (per tonne) £6.00 Non specified renewable device machinery (per tonne) £2.50 Other associated ancillary equipment (per tonne) £1.42 Any goods not covered by the above will be charged (per tonne) £2.50
Ship to Ship Cargo Transfers within Harbour Limits Payable on the transshipment of all goods over 10 tonnes in weight or 10 Cubic Metres in volume between vessels, devices barges and all other craft within Harbour limits (Price per Cargo Tonne or Cubic Metre or part thereof): Oil – All grades £0.41 LNG (per cubic metre) £0.41 Fish/Salmon £1.05 Other goods £2.10 Hazardous cargos such as Oil and Gas will be subject to a minimum charge of £37,000 (inclusive of fees and levies)
Bunkering Operations Payable on the transshipment of bunkers between vessels. (Price per Cargo Tonne or Cubic Metre or part thereof): Oil – All grades £2.19 LNG (per cubic metre) £2.05
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Port Administration Levy towards the cost of statutory administration of all vessel movements: All vessel arrivals (except pleasure craft) £21.20 Visiting pleasure craft £10.60
Levy towards the administration costs of assessing and completing the following Harbour Authority approvals: Bunkering Vessel Approval (min 4 weeks prior notice) £180.00 Bunkering Vessel Annual Renewal £77.00 Diving Contractor Approval (min 2 weeks prior notice) £180.00 Diving Contractor Annual Renewal £77.00 Commercial Recreational Diving Operator Approval (min 2 weeks prior £180.00 notice) Commercial Recreational Diving Contractor Annual Renewal £77.00 Commercial Diving Deconfliction Approval (min 24 hours prior notice) £10.00 Recreational Diving Deconfliction Approval – Private/Individual (min 2 £25.00 weeks prior notice) Harbour Works Approval (min 4 weeks prior notice) POA Ship to Ship Transfer Approval (min 48 hours prior notice) £54.00 Compound Charge Application Fee £32.00 Short Notice Charge for late Approval requests (in addition to the relevant £52.00 charge) Issue of Cargo Port of Origin Letter £77.00
Harbour Craft Charges
When using a pilot boat for the purposes of shipping on or shipping off: Hire of Pilot Launches (per hour or part thereof) £360.00 (minimum hire of 4 hours) Bareboat Charter (subject to terms and conditions): Vessel Hire (per 24 hrs or part thereof) £800.00 Cost + Fuel and Lubricants 15%
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Terms & Conditions for Vessels and Goods Ships Dues, Layby and Period Charges Vessels measured in accordance with the International Convention on Tonnage Measurement of Ships 1969 and the Merchant Shipping (Tonnage) Regulations 1997 (as amended) will be charged at the appropriate rate on entry. Vessels not measured under the above, or which cannot produce either an International Tonnage Certificate or a Tonnage Certificate showing the excluded spaces from which a comparable measurement can be made under the 1969 Convention, will be measured, using length overall, breadth, moulded depth and the appropriate conversion factor. The result of this calculation, multiplied by two, will be the rate charged on entry. Ship Dues charged on segregated ballast oil tankers, will be in accordance with Council Regulation (EC) No. 2978/94 of the European Commission, on presentation of an International Tonnage Certificate for the vessel showing the tonnage figure which results from the deduction of the tonnage measurement for the vessel’s segregated ballast tanks. Ship Dues, Layby and Period Charges are payable on entry and shall commence from the time at which the vessel enters the Harbour Limits. If at any time, a particular Ship Due is found to be inapplicable, the appropriate Due will be substituted for it and the amount payable will be re-calculated and charged accordingly. For any Craft with less than 15 GT will be subject to VAT. Charges within Section 1 marked with * apply per visit of the vessel involved. Multiple Ship to Ship Transfers will be charged on each individual cargo transfer. Vessels operating to Scapa Flow Oil Port will be required to pay all additional charges as applicable if they are rejected by Flotta Terminal Operators as being in an unfit state to conduct cargo operations and required to put to sea and leave the harbour to rectify their condition. No additional anchorage dues will be raised for any vessels which anchors within the Port Limits either prior to or post a chargeable operation, providing the overall stay, including the operation does not exceed 14 calendar days overall. Any additional time at anchor over and above the 14 calendar days will be charged at the appropriate anchorage rate for the vessel. Recreational and pleasure craft using Orkney Marinas at Kirkwall, Stromness and Westray will be charged in accordance with the charging arrangements set and published on www.orkneymarinas.com. These charges incorporate the harbour dues paid to the Harbour Authority. Dinghies with oars or sails, canoes, paddle boards, jet skis and Personal Watercraft are exempt from all fees. Compound Dues Agreed by prior written application to the Harbour Master. To be eligible for consideration for Compound Dues vessels, devices, barges and pleasure craft should be: . locally owned by a commercial entity based in Orkney and operated from any OIC pier; . or locally owned by a commercial entity based in Orkney engaged in trading and commercial operations within Harbour Water; . or a privately owned by an Orkney resident and based, regularly moored, berthed or used within Harbour limits, . or any other privately-owned craft based, regularly moored, berthed or used within Harbour limits. Vessels applying for or wishing to renew compound charges must be in possession of and must produce written evidence to the Harbour Authority Building, Scapa, in advance of approval/renewal or payment:
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. Ownership. . Valid vessel insurance certificate. . Valid class certificate, where applicable. . Third Party liability insurance to a minimum of £3,000,000. In addition to this the owner of the craft must complete the annual declaration of the craft’s anticipated use during the period. Compound Dues are payable in advance, in full, for the year commencing on the 1st April from which this Port Tariff becomes effective, by the person who owns the vessel on that date. No apportionment or refund of this rate for periods of less than the calendar year is permitted and is non-transferable to another craft or owner. Compound charges shall cease to be applicable to: . Any vessel, except for a pleasure craft, which has not moved berth in excess of 28 days. . Any pleasure craft which has not moved berth between 1 May and 31 October. . Any vessel deemed unfit for sea by the Harbour Master. Recreational and pleasure craft paying compound dues, who do not utilise or make use of any pier, quay or mooring owned, operated or provided by Orkney Island Council or Orkney Marinas will receive a 50% discount on receipt of proof of private mooring or berth. Any subsequent use of any pier, quay or mooring owned, operated or provided by Orkney Island Council or Orkney Marinas will result in payment of the full compound charge, irrespective of charge period remaining. These charges are at the sole discretion of Marine Services and require prior approval prior to the vessel entering the Harbour Limits. Goods Dues Foodstuffs, Domestic Fuels and Manufactured Goods, imported or exported into or out of Orkney that require further trans-shipment to or from the Outer Isles will pay wharfage only at the point of trans-shipment.
Marine Services Provision of the shipping on/off service is dependent on weather conditions and vessel availability. Users of the shipping on/off service are responsible for ensuring that any person to be transported is capable of transferring between vessels. Marine Services reserves the right not to transport any person who is considered to be unfit to travel, but the full charge will still apply. Embarkation and disembarkation must be agreed in advance. The shipping on/off service is regulated by safety procedures and is under the control of the launch coxswain, whose instructions must be complied with at all times. The maximum carrying capacity is governed by the load-line requirements of the launch. All hand luggage and packages must be secure and properly packaged for transfer and no item exceeding 20 kg will be permitted. Embarkation/disembarkation is subject to immediate turn-round at the vessel. The Excess Time Charge will apply to the duration of any delay, whether occurring at the boarding/landing point or (except for normal operating requirements) caused at the vessel.
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2. Pilotage Pilotage Services Pilotage Direction In accordance with Section 7 of the Pilotage Act 1987 & The Orkney Pilotage Direction 1988 (as amended 2007, 2010 and 2016), the Orkney Harbour Authority, the Competent Harbour Authority, has directed that pilotage be compulsory throughout the Pilotage Area for: 1. All passenger vessels of 65m or greater length overall. 2. All other vessels of 80 metres or greater length overall. 3. All vessels under tow where the combined overall length of the towing vessel and the tow is over 65m length overall. 4. All vessels using Orkney Island Council tugs for berthing, unberthing or any other reason where tugs need to be operated under control of the vessel. 5. All vessels over 300 GT carrying persistent oils. Provision of Service The Provision of the Pilotage Service is subject to Pilotage Directions published by The Harbour Authority (or any notice that supersedes it).
Charges Pilotage and associated charges are made pursuant to Section 10 of the Pilotage Act 1987 and are based on Gross Tonnage (GT) as shown on an ITC69 certificate in accordance with the attached Schedule of Charges.
Pilotage Exemption Certificates Pilotage Exemption Certificates may be granted to appropriately qualified mariners by application, pursuant to Section 8 of the Pilotage Act 1987, as amended by the Marine Navigation Act 2013 & subsequent Pilotage Directions promulgated by Harbour Authority.
Liability The provision of pilotage services is subject to availability and Marine Services accepts no liability for any delay, loss or damage, directly or indirectly arising out of, or caused or contributed to by an inability to supply or continue to supply such services or for any charges or expenses incurred in such circumstances. Limitation of Liability in respect of Pilots is covered under Section 22 of the Pilotage Act 1987
Performance of Services The charges and tariffs contained in Sections 1 to 5 hereof shall apply to all quotations, orders, agreements and contracts entered into by Marine Services for the performance or provision of Services at the Port unless otherwise expressly agreed in writing by the Harbour Master. Pilotage Charges Charges are the sole charges for the use of an Authorised Pilot for a vessel movement, inclusive of attendance.
Pilotage for a single vessel movement*: Vessels up to 4,000 GT £392.00 For each 100 GT or part thereof in excess of 4,000 GT £3.50
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Pilotage for a single tow movement Length of tow up to 65m £392.00 Length of tow 65m and over £510.00 Pilotage Exemption Certificate Surcharge Charged as single vessel movement* x 7.5% (water & pier) Pilotage Exemption Certificate Surcharge as single vessel movement* x 5.5% (waters only) Cancellation Fee (less than 2 hours notice received) £173.95 Detention Fees: First 30 minute period £173.95 Each successive 30 minute period or part thereof £231.72
Over Carriage Pilots should embark and disembarked at the nominated Pilot Boarding Area. If due to unavoidable circumstances the Pilot is over carried, then the following will apply: 1. The Pilot must embark and disembarked at the earliest opportunity in the range of 500 nautical miles from Orkney. In addition to the normal pilotage charge a charge will be levied at the rate of £105 per hour or part thereof, commencing from the time of the departure from the Pilotage District until repatriation to Orkney. 2. The vessel will also be required to reimburse all travel and subsistence expenses involved in repatriating the Pilot to Orkney.
Pilotage Exemption Certificates, Authorisations & Assessments The following charges are applicable with regards to Pilotage Exemption Certificates for Orkney Pilotage Area (please note also content of Pilotage Directions). Oral Examination £270.00 Issue of New Certificate (including one main and one sub area) £270.00 Issue of Replacement Certificate, Part 1 - areas £170.00 Issue of Replace Certificate Part 2 - vessels £170.00 Annual Renewal of Certificate £270.00 Addition of Vessel Name to Part 2 (per submission) £ 77.00 Change of Vessel Name £ 42.00 Addition of Main Operating Area £ 77.00 Addition of Harbour Sub Area £ 77.00
North Sea Pilots
Boarding and landing of North Sea Pilots, subject to launch availability. Per embarkation/disembarkation per pilot £1,500.00
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Terms & Conditions for Pilotage A “vessel movement” means any of the following single acts of navigation: . outside the compulsory area (i.e. to or from sea) . within the compulsory area (i.e. to or from a berth, jetty, mooring or anchorage) Charges for use of Orkney Island Council Marine Service Pilots includes the boarding and landing fee. The Authority reserves the right to make a charge for any vessel movement by the holder of a valid Pilotage Exemption Certificate. This charge is currently set at 7.5% of the single vessel movement. A full Pilotage charge will be levied when a vessel subject to compulsory pilotage is moved without the use of an authorised Pilot or Pilotage Exemption Certificate holder. Where a vessel movement is a tow involving two or more vessels, the charge for pilotage for a single vessel movement will be regulated by the overall distance between the extreme ends of the vessels concerned and by the draught of the deepest vessel. At least two hours’ notice is required for orders for Pilotage. Detention Fees will apply to any occasion that a Pilot is kept on board a vessel over and above the period of time for a normal act of pilotage, currently assessed as 4 hours, whether or not actively engaged in pilotage duties during that extended period, unless otherwise agreed by the Harbour Master. A Deck Officer (As defined in the Marine Navigation Act 2013) may obtain Pilotage Exemption Certificates from the Authority, as the Competent Harbour Authority, subject to certain conditions and requirements. All applicants must complete an oral examination. Pilotage Exemption Certificates are valid for a maximum of one year at a time and, subject to conditions, may also be renewed. Full details of the conditions, requirements and examination process for the grant of a Pilotage Exemption Certificate are obtainable from the Harbour Office. Pilotage Exemption Certificates are split into 2 parts, Part One being the areas of validity and Part Two the vessels for which the certificate is valid. Part One is further subdivided into the main operating Area e.g. Scapa Flow, Kirkwall and the Sub Area detailing the individual port or quay e.g. Lyness, Stromness, Hatston Pier.
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3. Towage Towage Charges These rates are chargeable per vessel and per Tug requested irrespective of Tug power and bollard pull. Scapa Flow, Stromness and Southern Isles (per hour or any part thereof): Assisting a vessel on or off a berth, pier, mooring or anchorage. £710.00 Towage Escort Services £710.00 Kirkwall and Northern Isles (per act, per tug): Assisting a vessel on or off a berth, pier, mooring or anchorage £1,442.00 Towage Escort Services £1,442.00
Charter Rates The following rates apply to Tugs taken on charter, where the charter is within 10 miles of Orkney harbour area limits. Rates are chargeable per vessel and per Tug requested irrespective of Tug power and bollard pull (per hour or any part thereof) at discretion of the Harbour Master: Base to Base £710.00
The following rates apply to Tugs taken on charter, where the charter is out with Orkney. Rates are chargeable requested irrespective of Tug power and bollard pull (per 24 hour period or any part thereof): First 24 hours £12,772.00 Subsequent 24 hours or part thereof £6,386.00 Cost + Fuel and Lubricants 15%
Towage Administration The following charges will be applied to all towage conducted with the Harbour Area, irrespective of Towage company utilised or by the discretion of the Harbour Master: Towage Assessment Approval (min 2 weeks prior notice): £80.00
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Terms & Conditions for Towage Provision of the towage service is dependent on weather conditions and vessel availability. Mobilisation and demobilisation charges are included in the fees unless otherwise specified. Short notice will incur additional charges, refer to towage assessment approval.
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4. Quay, Slipway and Laydown Charges Quay Charges Quay Sterilisation - When vehicles or equipment such as cranes are mobilised on the Port’s quays or where the quay is sterilised or access is restricted for use by others, then a charge of £500 per 24-hour period or part thereof will be made. Pier Laydown – Within designated areas only (Per Sq M per 24-hour period): Goods/Gear/Chattels First 24 Hours No Charge Subsequent 24 hours or part thereof £0.24 Vehicles/Plant/Powered Equipment First 24 Hours £0.20 Subsequent 24 hours or part thereof £0.58
Slipway Charges
Use of slipways (Per Sq M per 24 hour period): First 24 Hours No Charge Subsequent 24 hours or part thereof £0.24
Laydown Area Charges
Hardstanding and Type 1 Areas (Per Sq M per week): Goods/Gear £0.26 Vehicles/Plant/Powered Equipment £0.52 Brownfield Sites (Per Sq M per week): Goods/Gear £0.13 Vehicles/Plant/Powered Equipment £0.26 Garson, Stromness Lorry Parks (Per Sq M per 24 hour period): First 24 Hours £0.24 Subsequent 24 hours or part thereof £0.58 Marshalling Areas: Vehicles/Trailers for immediate embarkation (within 6 hours) No Charge Vehicles/Trailers not for immediate embarkation (per day or part £110.00 thereof)
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Parking Areas (per vehicle, per year): Private Vehicle £62.00 Commercial Vehicle under 7m in length £82.00 Commercial Vehicle over 7m in length £150.00 Penalties Where quay, pier, slipway, laydown and parking agreements are exceeded by individuals and companies the following penalty charges will apply: Storage in excess of agreed areas (per Sq M per 24-hour period) £20.00 Removal of vehicle, equipment, goods, chattles in breach of agreement or on Cost + abandonment. 15%
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Terms & Conditions for Quay, Slipway and Laydown Charges The use of quays, slipways, piers, laydown areas, parking areas or any other similar area under the control of Orkney Islands Council Marine Services must be agreed by prior written application to the Harbour Master. Applications should include: . the period of requirement. . the size of area required. . the type, nature, sizes and dangerous substances and hazards of all equipment’s, vehicles, goods, chattels and other items to be stored. Where such storage or areas is required over a period of 12 calendar months those intending to use such areas, must complete an annual declaration of the anticipated use during the 12 month period. Dues are payable, in full, prior to the start of the requested period unless the period exceeds 6 months when the dues will be payable one month in advance. For dues where the period extends over a period greater than 12 months, dues are payable the year commencing on the 1st April from which the Harbour Dues becomes effective, by the person who owns said goods. No apportionment or refund of this rate for periods of less than that agreed is permitted and is non-transferable to any other person or company. Any equipment, vehicles, stores, gear or other items in pier laydown, must be stored in allocated areas. No goods, stores, equipment, vehicles or any other items are to be stored or left unattended within 2m of an exposed pier or quay edge. Marine Services reserves the right to remove and dispose of any goods, chattels, vehicles, equipment or any other items stored out with the boundaries of agreed storage areas. Parking Area Charge – no guaranteed space and must be parked in a designated parking space. Those paying compound harbour dues will get the first 24 hours free.
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5. Sundry Charges Waste Charges Waste Charges, in accordance with Merchant Shipping & Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 and Animal By-Products Regulation (EC) 1774/2002. These rates apply regardless of waste contractor appointed by the ship or agent. Domestic Waste (excluding Category 1 Waste) Minimum charges (up to 1 cubic metre in size and weight under 1 tonne) applied to all vessels upon entry, covering a period of 96 hours within £36.00 the port. applied to all visiting recreational vessels. £10.00 Over 1 Cubic Metre and over 1 tonne £250.00 Over 2 Tonnes in weight (per tonne or part thereof) £600.00 Annual charge applied to all vessels subject to compound dues £40.00 Supply of tonne bag £5.75
Oil - The following charges apply in relation to the disposal of oils in the Harbour. Hire of 1,000 litre portable tank (per fill) £19.00 Hire of 2,000 litre bowser (per fill) £31.00 With Operator (per hour) £46.35 Testing and disposal (per CuM landed or part thereof) Quantities below 2000L £206.00 Quantities above 2000L Cost + 15% SEPA Form £55.00 Oil Disposal Administration Charge £300.00
Category 1 Waste, Hazardous Waste & Other Waste For details contact Marine Services. Cost +15% Port Security Charges Security Charges in accordance with the International Ship and Port Facility Security Code (ISPS) where not included in the harbour charges. Security Level 1: Sweep & patrol if requested First 6 Hours £154.00 Each Subsequent 12 hour period or part thereof £308.00 Security Level 1 : Cruise vessels where extending visit after hours £154.00 & request security (First 12 hours and then per hour or part thereof) Security Level 2: Access Control/Security Guards Cost +15% Security Level 3: As directed by the security services Cost +15%
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Harbour Infrastructure Hire Charges The use of port infrastructure is chargeable at the following rates: Linkspans (per hour our part thereof) £95.00 Hard Ramps (per hour or part thereof) £43.00 Drying out areas: First 24 hours £40.00 Per additional 24 period or part thereof £79.00 Weigh bridges and machines: For goods (per tonne or part thereof) £0.70 Vehicles for shipment or taxation (per tonne or part thereof) £3.15 Marine Headquarters Conference Room (per 4 hours or part thereof): without Video conference/presentation facilities £80.00 with Video conference/presentation facilities £120.00
Utility Charges The following utility service charges are applicable within the Harbour: Water (per tonne or part thereof) £2.55 Electricity (per unit) £0.21
Port Data Services The following data is available: Meteorological Data (per calendar month per site) £40.00 Tide Tables (Per Copy) £5.00
Ancillary Port Services The following services are available: Attendance for Operations conducted under Explosives Licenses Management of Quayside Operations Quayside Cleansing following Cargo Operations Emergency Marine Operations Hire of Safety Barriers Hire of Forklifts Other Marine Services For Further Details on the above services contact Marine Services
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Terms & Conditions for Sundry Charges Waste Charges In accordance with the Port Waste Reception Facilities Regulations 2003, Marine Services provide waste reception facilities to meet the needs of ships normally using the harbour. In order to cover the costs of the provision of port waste reception facilities, Marine Services has a mandatory charge of 0.8% of Harbour Dues. This charge allows vessels to deliver waste in the form of garbage up to a weight of 2.0 tonne free of additional charge to the ship. Where garbage delivered is in excess of these quantities the additional volume or weight will be charged as prescribed in section 1. “Category 1 Waste” means all domestic waste whose origin is not within the European Union, and, for a vessel whose last port of call was not in the European Union, all domestic waste on board will be treated as Category 1 Waste. “Special Waste” means hazardous or dangerous waste as defined by the Special Waste Regulations 1996 (as amended). “Other Waste” means all waste that is not Domestic Waste or Special Waste and includes waste oils, cargo- associated waste and cargo residues. Vessels are required to give advance notification, via their agents, of all waste to be landed. Vessels are only permitted to land waste that has been declared. Domestic Waste, Category 1 Waste and Other Waste must each be declared separately. Domestic Waste must be contained in double-wrapped plastic bags and all other waste must be adequately packaged or sorted for disposal. Only Domestic Waste is to be deposited in the receptacles provided. Category 1 Waste must be deposited in the special receptacles which will be provided as required. Irrespective of quantity, any additional work required for organising waste will be charged for, and any waste which is not properly deposited in the appropriate receptacles will be charged for as Other Waste. Waste Charges covers the same four day period (96 hours) as the Ship Dues. If Period Dues of Chapter 1 is applied, a further Domestic Waste Charge will also be applied for each subsequent four day period or part thereof. Hire charges apply from departing the Harbour Authority Building, Scapa until return to the same location. Port Security Charges Under the ISPS Code, the berths operated by the Authority are subject to the Port Facility Security Plan for Orkney, as approved by the Department for Transport. Under the ISPS Code, the Security Level for the Port is set at Security level one unless MSRD (DFT) instruct otherwise. The manned security services are in compliance with the specifications set by the Department for Transport. Labour “Normal Time” means 0800-1700 hours, Monday to Friday, “Overtime” all hours outside of this.
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Enquiries to: Marine Services Orkney Islands Council Harbour Authority Building Scapa Orkney, KW15 1SD Tel: +44 (0) 1856 873636 Email: [email protected] Web: www.orkneyharbours.com