ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 9 FEBRUARY 2010 APPLICATION FOR PLANNING PERMISSION FOR A TIME AND TIDE BELL AT BOSTA, GREAT BERNERA, ISLE OF LEWIS (REF 09/00608/PPD) Report by Director of Development PURPOSE OF REPORT Since this proposal received over three letters of representation from separate parties which contain matters which are relevant material planning considerations, the application should not be dealt with under delegated powers and is presented to the Comhairle for a decision. COMPETENCE 1.1 There are no legal, financial or other constraints to the recommendation being implemented. SUMMARY 2.1 This is an application by Bernera Community Council for full planning permission for the erection of a Time and Tide bell installation, at Bosta Beach on Great Bernera. Objections have been raised by a number of people, relating to noise pollution, changing the character of the area, lack of public consultation and disruption to birds, as well as a number of other issues that are not considered to be material planning considerations. 2.2 It is considered that the proposal is not viewed as contrary to the Development Plan. The issues raised have been considered but not deemed significant enough to warrant refusal or are proposed to be dealt with through planning conditions. The development is considered in accordance with the Development Plan and is therefore recommended for approval. RECOMMENDATION 3.1 It is recommended that the application be APPROVED subject to the conditions shown in Appendix 1. Contact Officer Helen Maclennan Tel: 01851 709284 e-mail: [email protected] Appendix 1 Scheduleproposed of conditions 2 Location plan Background Papers: None 15/02/2010 REPORT DETAILS DESCRIPTION OF THE PROPOSAL 4.1 This is an application for the erection of a Time and Tide bell installation, at Bosta Beach on Great Bernera. The site is situated on a rocky outcrop on the easterly side of the beach, and central to the larger bay area. 4.2 The Time and Tide Bell is an art installation, designed to create a musical pattern when the tide rises and falls around the bell. It is cast in aluminium bronze and is 160cm in height. It will be mounted on a stainless steel tripod, the height of which is yet to be confirmed, and secured directly on to the rock. The bell will sound when the tide rises and moves the internal clapper, creating a musical pattern. It is part of a nation-wide project and is one of 12 proposed bells at locations across the country. REPRESENTATIONS 5.1 Representations have been received from the following: Simant Bostock, 1B Tobson, Bernera, Isle of Lewis S Eagle Lippiatt, 1B Tobson, Bernera, Isle of Lewis Neil Macleod, 3 Fanellan, Kiltarlity, Inverness-shire John Porteous, 21 Tobson, Bernera, Isle of Lewis Jill Smith, Monte Rosa, Aird Uig, Isle of Lewis Linda Soos, Snowbelt, Ardross, Ross-shire Dawn Susan, 6 Croir, Bernera, Isle of Lewis Evelyn Tingle, via email Krystyna Tyszko, 21 Tobson, Bernera, Isle of Lewis Will Boyd Wallis, The Gate House, Boat of Garten, Inverness-shire 5.2 The full terms of the representations can be read on file at the Development Department. However, they can be summarised as follows: a) unacceptable change to the character of the beach; b) no cultural, historical or contextual link to Bernera or the people; c) no mitigation or compensation for the development’s impact; d) disturbance to the use of the nearby cemetery; e) disruption to birdlife; f) lack of community consultation; g) inappropriate/unnecessary development for this site; h) intrusion of a man-made object in an area of unspoilt natural beauty; i) objection regarding drilling; j) unduly dominant feature – visually; k) long term maintenance; and l) noise pollution. RESPONSES TO CONSULTATION BUILDING STANDARDS 6.1 ‘No comments.’ HARBOUR MASTER 6.2 ‘No navigational issues, other than there may well be a requirement to have this structure noted within the Admiralty Sailing Directions (West Coast of Scotland Pilot). Northern Lighthouse Board (NLB), who are also a consultee on this application will advise once they have consulted with their colleagues in Trinity House, who will in turn have been a consultee in the Appledore application in order to ensure a common standard to any requirements.’ NORTHERN LIGHTHOUSE BOARD 6.3 ‘No Objections to the planning application.’ VIEWS OF APPLICANT 7.1 Awaited. DECISIONS AFFECTING THE SITE 8.1 None. THE DEVELOPMENT PLAN 9.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 says, “Where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise.” Attention is therefore drawn initially to any relevant policies or other elements of the Development Plan. This is then followed by comment on any other material considerations before a conclusion is reached. 9.2 Western Isles Structure Plan PLAN REF RELEVANT TERMS IMPLICATIONS FOR THIS CASE DM1 “Development proposals that can be The development is of a scale that absorbed without harming the local can be absorbed without harming social, economic or environmental the characteristics of the area. characteristics of the Sustainable The proposed site is out-with Community Area in which they are settlement by virtue of its nature located, will generally be and the social and economic supported.” benefits arising are outlined and supported by the local Community Council who submitted the application. DM7 In dealing with applications for development the Comhairle will take account of the requirements of other relevant Structure Plan policies and will ensure: i) quality siting, landscaping and The proposed development is in designs that incorporate accordance with this policy – with a sustainable management high standard of design which has techniques. (In this regard the been developed with consideration Comhairle will encourage for its environment and location. development that follows the guidance contained in the Scottish Executive publication ‘Designing Places’ as well as its own Design Guidance); ii) no undue harm to neighbouring The bell is designed to sound at uses as a result of the high tides. The Design Statement development; accompanying the application iii) appropriate measures are in indicates that it is likely to sound at place for the safe movement of approximately 50% of high tides in traffic and associated parking any one month. both on and off site; The level of noise created by the iv) the impact on the natural bell is indicated as being 70 dB(A) heritage is fully considered (e.g. (decibel measurement scale used to the Western Isles Landscape Character Assessment will be assess noise in relation to human used); hearing). Normal conversation is generally accepted as between 55 and 65 dB(A). The Comhairle will seek to facilitate development that would otherwise In relation to its setting, the be unacceptable by the imposition structure is not on a large scale and of conditions.” should not protrude unduly in the landscape. Parking is already provided for visitors to the beach at Bosta. There will be a minimal impact from the actual installation of the bell, with three tripod feet being affixed to the rock directly. The visual impact of the bell structure is not considered as undue or harmful to the area, which is not part of the National Scenic Area. 9.3 Western Isles Local Plan PLAN REF RELEVANT TERMS IMPLICATIONS FOR THIS CASE LP/DM1 “In assessing development The quality of the development and proposals an appropriate and design are acceptable. acceptable quality of development and design that relates to setting The scale of the development is will be required...In assessing small suitable in relation to its setting, and scale development of all types the the proposed materials are potential incremental impact of appropriate. development on the area as a whole will be considered.” This policy says that account will be taken of Structure Plan Policy DM7 (quoted above) and of the “Development and Design Considerations” contained in Appendix 2 of the Finalised Western Isles Local Plan. Relevant considerations in this appendix are as follows: “Location – appropriate and The proposed site is out-with sympathetic location in the settlement by virtue of its nature. landscape or townscape.” “Any detrimental impact on The bell is designed to sound at neighbouring uses/amenity high tides. The Design Statement should be minimised.” accompanying the application indicates that it is likely to sound at approximately 50% of high tides in any one month. The level of noise created by the bell is indicated as being 70 dB(A) (decibel measurement scale used to assess noise in relation to human hearing). Normal conversation is generally accepted as between 55 and 65 dB(A). In relation to its setting, the structure is not on a large scale and should not protrude unduly in the landscape. OTHER PLANNING CONSIDERATIONS CHANGE TO CHARACTER OF BEACH 10.1 The visual and noise impact of the development were cited as being the main issues to impact on the character of the beach, as outlined by the objectors. The bay at Bosta is approximately 290 metres wide. The erection of a bell less than a metre in width and less then 3 metres in height, set out on a low rocky outcrop, should not impact unduly on the landscape. The view from the beach will have a backdrop of hills and sea cliffs to the north-east and a backdrop of the island group of Flodaigh, Bearasaigh and Seanna Chnoc to the north/north-west, minimising the visual impact of the development further. 10.2 With regard to the noise impact and its alteration to the character of the beach, the applicant has indicated that the noise level created by the bell will be 70dB (A) – 70 decibels in relation to human levels of hearing.