ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 19 NOVEMBER 2013 13/00379/COU – 16 HOLM ROAD, HOLM, ISLE OF LEWIS - APPLICATION FOR PLANNING PERMISSION FOR THE TEMPORARY SITING OF A CARAVAN Report by Director of Development PURPOSE OF REPORT Since the application is considered by the Appointed Officer to be sensitive, the planning application is presented to Committee for a decision. COMPETENCE 1.1 There are no legal, financial or other constraints to the recommendation being implemented. SUMMARY 2.1 This is a planning application by Mr R A Macleod, 7 Portnaguran, Point, Isle of Lewis, for the temporary siting of a caravan at 16 Holm Road, Holm, Isle of Lewis. 2.2 The site is slightly larger than the majority of the surrounding house plots, with an average width of approximately 33m. There is existing vehicular access to the site. The site is not within any areas designated for historical or natural heritage. 2.3 The proposed development (temporary siting of a caravan) is indicated to be for the purpose of providing facilities to service the applicant and other workers while the house at no. 16 Holm is renovated. The developer has indicated that he would also wish to use the facilities for occasional overnight use by those involved with the renovation works, however it has been considered that this aspect of the proposal is not in line with Comhairle policy on caravans, and that the development would only be considered under the use as a temporary facility for workers facilities e.g. restroom, canteen, office and storage. No third party representations have been received. 2.4 The Comhairle is required to determine planning applications in accordance with the provisions of its Development Plan unless material planning considerations indicate otherwise. The assessment against the Development Plan has determined that, while not appropriate for any form of residential use, the proposal is in accordance with its provisions in relation to temporary buildings. An assessment of the material planning considerations has not identified any matter that carries such weight that it indicates that the Development Plan should not be accorded priority. The proposal is therefore recommended for approval subject to the application of conditions. RECOMMENDATION 3.1 It is recommended that the application be APPROVED, subject to the conditions in Appendix 1 to the Report. Contact Officer Helen MacDonald Telephone: 01851 822690 Email: [email protected] Appendix 1 Schedule of Proposed Conditions 2 Location/Site and Elevation Plans Background Papers None DESCRIPTION OF THE PROPOSAL 4.1 This is a planning application for the temporary siting of a caravan at 16 Holm Road, Holm, Isle of Lewis. 4.2 The site is slightly larger than the majority of the surrounding plots, with an average width of approximately 33m. There is existing vehicular access to the site. The site is not within any areas designated for historical or natural heritage. The site is between two existing houses and the specific siting of the caravan is between the southern boundary of the site and no.20 Holm Road and the house at 16 Holm Road. It should be noted that the caravan intended for the proposal is already within the development site and is there without the benefit of planning consent. A planning enforcement notice is in place in relation to that specific matter. 4.3 The proposed caravan is a standard static caravan unit in size and appearance. For the purpose of use as site facilities, the unit would be considered as a generic temporary building and not as a residential caravan. 4.4 On-site access and parking would not be affected by the proposal. 4.5 The site is not within an area of historical or natural heritage designation. 4.6 The proposed development would be served by mains public water and sewer. An existing surface water drainage system is indicated to be used. 4.7 The proposal is within the class of Local Development within the Planning Hierarchy. ADMINISTRATIVE PROCESSES 5.1 The planning application by R A Macleod, 7 Portnaguran, Point, Isle of Lewis, was registered on 20 September 2013. 5.2 The planning application was advertised for public comment in the public notices section of the Stornoway Gazette in the publication dated 26 September 2013, as required by regulations. ENVIRONMENTAL IMPACT ASSESSMENT (SCOTLAND) REGULATIONS 2011 6.1 The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 are not applicable to the proposal. PREVIOUS PLANNING DECISIONS RELATING TO THE SITE 7.1 The following planning history relates to the site: Ref. No. Description Decision Date 12/00006/USE Alleged that developer has taken Enforcement 04.02.2013 a large residential caravan to the Notice Issued site without the benefit of planning permission RESPONSES TO CONSULTATION 8.1 The full terms of the responses to statutory and other consultation by the Planning Authority can be read on file at the Development Department. The following is a summary of those relevant to the determination of the application. HIGHLANDS AND ISLANDS AIRPORTS LTD 8.2 ‘Highlands and Islands Airports Limited would have no objections to the proposal.’ SCOTTISH WATER 8.3 There was no response from this consultee at the time of writing this Report. MINISTRY OF DEFENCE 8.4 ‘No safeguarding objections.’ COMHAIRLE BUILDING STANDARDS 8.5 There was no response from this consultee at the time of writing this Report. COMHAIRLE ENVIRONMENTAL HEALTH SERVICE 8.6 ‘No adverse comments. As the caravan is to be situated on-site whilst the renovations are being carried out and then removed when works are completed, no Caravan Site Licence is required...’ REPRESENTATIONS 9.1 No representations have been received. VIEWS OF THE APPLICANT 10.1 No comments have been received from the Applicant. ASSESSMENT OF EIA 11.1 Not applicable. THE DEVELOPMENT PLAN 12.1 Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that planning decisions be made in accordance with the Development Plan unless material considerations indicate otherwise. An assessment against the policies and provisions of the Development Plan is therefore made initially. This is then followed by an assessment of any other material planning considerations, prior to a conclusion and recommendation as to the determination. 12.2 Policy 1 – Development Strategy (Main settlement provisions): DEVELOPMENT PROPOSALS WITHIN MAIN SETTLEMENTS WILL BE ASSESSED AGAINST ALL OF THE FOLLOWING: a) a siting and design appropriate to the characteristics of main settlements in line with Policy 4 Siting & Design; b) accordance with density levels for housing as set out in Housing Policy 13; c) where new development is to be sited on a greenfield site within the Stornoway Development Area in accordance with Policy 18, the developer must provide a justification for the development of the greenfield site in preference over a brownfield site; d) retention of open space areas within the settlement for amenity and recreation purposes. 12.3 The proposal is within the spatially defined Main Settlement of Stornoway, though has some rural characteristics, being on the fringe of the settlement. Criterion a) is considered to be able to be suitably complied with, subject to relevant – please refer to the assessment of Policy 4. Criterion b) does not apply as there are no proposals for the development of housing. Criterion c) does not apply as the site is considered developed, as there is an existing derelict property and associated curtilage. In relation to criterion d), the proposal has no adverse impact on open space provision. The proposal has been assessed to comply with the relevant provisions of Policy 1 above. 12.4 Policy 2 – Assessment of Development Underpinning each of the policies in the Plan is a requirement to demonstrate that development proposals: a) will not significantly adversely affect biodiversity and ecological interests and, where possible, result in an enhancement of these interests. (The online Biodiversity Planning Toolkit should be consulted for general advice and good practice.); b) will not result in pollution or discharges out-with prescribed limits to the air, land, freshwater or sea; c) will not increase the likelihood of causing landslip or harmful erosion; d) in the case of contaminated land, that appropriate site investigations and risk assessments confirm the suitability of the proposed use, in compliance with the Comhairle’s Contaminated Land Inspection Strategy; e) have been designed to take account of the requirements of safeguarding zones notified by the Health and Safety Executive, Civil Aviation Authority, National Air Traffic Services, Ministry of Defence and Marine Consultation Areas. All development will be assessed for its impacts individually, incrementally and cumulatively to ensure no significant detrimental effects arise. The Comhairle may negotiate with developers a fair and reasonable contribution towards infrastructure and/or services required as a consequence of the proposed development. The contributions will be proportionate to the scale and nature of the development (including cumulative) and will be addressed through planning conditions or through a legal agreement if appropriate. 12.5 The proposal complies with Policy 2 above because it principally does not increase ecological impact or pollution discharges outwith prescribed limits. The proposal does not increase the likelihood of harmful erosion. The site is not contaminated, and there are no aviation interests affected