Shetland Islands Council Executive Manager: Jan-Robert Riise Governance & Law Director of Corporate Services: Christine Ferguson Corporate Services Department Montfield, Lerwick Shetland, ZE1 0LA Telephone: 01595 744550 Fax: 01595 744585 [email protected] www.shetland.gov.uk If calling please ask for Louise Adamson Direct Dial: 01595 744555 Email: [email protected] Date: 6 February 2019 Dear Sir/Madam You are invited to the following meeting: Planning Committee Council Chamber, Town Hall, Lerwick Wednesday 13 February 2019 at 2pm Apologies for absence should be notified to Louise Adamson at the above number. Yours faithfully Executive Manager – Governance and Law Chair: Mr T Smith Vice-Chair: Ms A Manson AGENDA (a) Hold circular calling the meeting as read. (b) Apologies for absence, if any. (c) Declarations of Interest – Members are asked to consider whether they have an interest to declare in relation to any item on the agenda for this meeting. Any Member making a declaration of interest should indicate whether it is a financial or non-financial interest and include some information on the nature of the interest. Advice may be sought from Officers prior to the meeting taking place. (d) Confirm the minutes of the meeting held on 8 October 2018, enclosed. - 1 - Items 1. 2018/335/ECUCON - To vary the consent by increasing the maximum tip height of the turbines from 145 metres (m) to a maximum of 155 m and increasing the maximum rotor diameter of the turbines by 10 m to a maximum of 120 m. The installed capacity of the proposed generating stated would be greater than 50 MW. (Viking Wind Farm). PL-01-19 2. 2018/297/PPF - Change of use of land and development of a new external display area comprising new timber-framed boat shelters (enclosed on 3 sides), new concrete slab paving, gravel/chipped display areas and associated surface water drainage, Scalloway Museum, Castle Street, Scalloway. PL-02-19 - 2 - Shetland (d) Islands Council MINUTE A&B - Public Planning Committee Council Chamber, Town Hall, Lerwick Monday 8 October 2018 at 3pm Present: M Bell S Coutts E Macdonald A Manson D Sandison T Smith Apologies: D Simpson C Smith G Smith In Attendance (Officers): J Holden, Team Leader – Development Management A Melkevik, Planning Officer P Sutherland, Solicitor L Adamson, Committee Officer Chair Mr T Smith, Chair of the Planning Committee, presided. Circular The circular calling the meeting was held as read. Declarations of Interest None. 13/18 Minutes The Committee confirmed the minutes of the meeting held on 14 August 2018 on the motion of Mr Sandison, seconded by Ms Macdonald. The Committee confirmed the minutes of the meeting held on 23 August 2018 on the motion of Mr Bell, seconded by Mr Coutts. The Committee confirmed the minutes of the meeting held on 3 September 2018 on the motion of Mr Bell, seconded by Ms Macdonald. The Committee confirmed the minutes of the meeting held on 11 September 2018 on the motion of Ms Manson, seconded by Ms Macdonald. 14/18 2018/007/PPF – To Construct Septic Tank to Serve Proposed Dwellinghouse, West of 'The Pund', Mossbank The Committee considered a report by the Planning Officer – Development Management [RECORD Appendix 1]. 1 - 3 - The Planning Officer (A Melkevik) advised that while she would be introducing the application she had not been the Case Officer. The Planning Officer gave a presentation which illustrated the following: Photo of the proposed site Site and Location Plans – showing the proposed house and septic tank Site Plan showing foul/surface water details Policy WD2 Waste Water Aerial View of Sites in Mossbank Key Issues The Planning Officer advised that the principle of a dwellinghouse on this proposed site has already been approved under planning application 2017/292/PPF, and Members will note that the site plan shows the location of the proposed septic tank and surface water drainage and connections to the dwellinghouse. The Planning Officer advised that Shetland Local Development Plan (2014) Policy WD2 states that: “New developments which require waste water disposal and are located within or adjacent to settlements are expected to connect to the public sewer. Where a connection to the public sewer is not achievable and a wastewater system such as a private septic tank is proposed the developer should demonstrate that: There should be no detrimental effect, including cumulative effect, on the surrounding uses, natural, built environment and cultural heritage.” The Planning Officer advised that SEPA were consulted on the application as the proposal triggered a need from their consultation checklist as a private waste water system is proposed within an existing settlement. SEPA objected to the application due to lack of information with regards to foul drainage and requested further information from the applicant to demonstrate that an application to connect to mains drainage to serve the proposed dwellinghouse has been refused by Scottish Water. There have been discussions between the agent and Scottish Water with regards to connection to their infrastructure but no official refusal of connection so no further information could be submitted to SEPA to demonstrate this. The Planning Officer reported that further information was submitted to SEPA from the applicant following on from their original discussions with Scottish Water with regards to connections and distances. Scottish Water have voiced their concerns over the state of the sewage network in the area but they will not provide a letter refusing connection to it. The applicant also has concerns about connecting to a network Scottish Water do not have confidence in. The Planning Officer advised that the applicant has stated that concerns have been raised locally, and that having spoken to house owners in Maidenfield and the landowners/tenants there have been issues with the local sewer before with blockages and overflowing. The applicant also received a quote for the 2 - 4 - proposed connection which was approximately £25,000, a figure that they have said would not allow the progression of the build. The installation of a pumping station has also been considered by the applicant but the practicality of having to pump the effluent 100m and the higher costs associated with this does not they say make it a viable option. The Planning Officer confirmed that SEPA have maintained their objection as the further information supplied did not enable them to change their position in the matter. The applicant then instructed for the application to be determined with the provided information as more information could not be provided for SEPA to remove their objection. In referring to a similar application (Ref: 2017/247/AMSC) for a proposed dwellinghouse with a connection to a private bio plant treatment tank to deal with foul water at Straits, Mossbank which is to the North of the site in question, the Planning Officer reported that as there is a sewer in the area it was expected that the proposed dwellinghouse at Straits would connect to it unless a case could be made for the installation of a private septic tank with a departure from Policy WD2. The agent for the application provided information in support of installing a private foul water treatment system, including a SEPA CAR licence that authorised the discharge of sewage effluent by the means that was proposed there. Information was also submitted by that agent stating that for the 100m length of pipe required to connect that proposed dwelling to the public sewer its applicant found it less expensive to install the private foul water treatment than to connect to the nearby public sewer, and therefore determined that while the application may be contrary to SLDP Policy WD2 they wished for it to be determined on the basis of the information that had been submitted. She reported that the application was refused by the Appointed Person under delegated powers on the basis that it did not comply with Policy WD2 because as a proposal it departed from the ambit of the planning permission in principle that had been granted by proposing to deal with foul drainage by a means other than a piped connection to the public sewer, and it was considered no material information had been submitted which allowed the provisions of the development plan to be set aside. That decision was then appealed and the case was reviewed by the Local Review Body (LRB) at its meeting held on 10 April 2018, where at a public hearing maps were shown to the LRB, which it was said highlighted the practical difficulties to connect to the public sewer in Mossbank, and the case was made for an exception rather than a requirement to connect to the public sewer. That proposal was then approved at the LRB, with regards to the wording of Policy WD2 it being highlighted that the word ‘expected’ rather than ‘required’ is used which allows for consideration of exceptions in certain circumstances. The LRB was satisfied for that application that the case had been made for an exception rather than there being a requirement to connect to the public sewer, saying that the Council, and previous Councils, have always encouraged people to build in rural areas of Shetland, and there is the need to encourage people to do their best for what they can afford. With regards to this proposal, the Planning Officer reported that the applicant has put forward a case that it is not cost effective or feasible to continue with the original proposal to connect to the public sewer, in a similar way to the one made by the applicant in respect of application at Straits. Unlike in that case, here a SEPA CAR licence has not been granted, and therefore an assessment 3 - 5 - to determine if this is potentially a consentable discharge at this time by SEPA has still to be undertaken, meaning that in the context of this proposal even with acceptance that connection to the public sewer is not achievable, the developer has still to demonstrate wholly that the installation of a septic tank and soakaway to serve the dwellinghouse approved under permission ref.