PURPOSE OF REPORT Since the application is considered by the Appointed Officer to besensitive, the planning application is presented to Committee for adecision.

COMPETENCE1.1 There are no legal, financial or other constraints to the recommendation being

implemented.

SUMMARY2.1 This is a planning application by the West Harris Trust, Northton, Isle of Harris to erect

6 semi-detached dwellings, a multi-use community building with adjacent deck area,incorporating a multi-function space, kitchen facilities (including proposed use as aseasonal café/restaurant) office and business spaces; outside play area, polytunnels,access and car parking; 3 serviced campervan pitches; and the development in principleof an additional 2 dwellings at Horgabost, Isle of Harris.

2.2 The site is located approximately 855m west of the village of Horgabost andapproximately 900m to the northeast of Borve, Isle of Harris and extends to 3.284ha inarea. The site rises from the northwest to the southwest, with a level plateau to itscentral area. The site is located within the South Lewis, Harris, and North Uist NationalScenic Area and in terms of the Development Strategy is considered to be ‘outwithsettlement’. The proposed access to the site is to be taken from the A859, northeast ofthe site. The proposed development will be served by mains electricity, public water anda private wastewater facility. Surface water drainage will be managed viasoakaways/swales.

2.3 No third party representations have been received. The consultation and assessmentprocess has identified issues which can be managed by way of condition in order toensure the proposal complies with the Development Plan.

2.4 The Comhairle is required to determine planning applications in accordance with theprovisions of its Development Plan unless material planning considerations indicateotherwise. The assessment against the Development Plan has determined that theproposal is in accordance with its provisions. An assessment of the material planningconsiderations, has not identified any matter that carries such weight that it indicates thatthe Development Plan should not be accorded priority. The proposal is thereforerecommended for approval subject to the application of conditions.

RECOMMENDATION3.1 It is recommended that the application be APPROVED, subject to the conditions in

Appendix 1 to the Report.

Contact Officer Eric Wojchik Telephone: 01851 822690Email: e.wojchik@cne-siar.gov.uk

Appendix 1 Schedule of Proposed Conditions2 Location, Site and Elevation Plans

Background Papers None

ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 19 MARCH 2013

13-00048 – HORGABOST, ISLE OF HARRIS - APPLICATION FOR PLANNINGPERMISSION TO ERECT A MULTI-USE COMMUNITY BUILDING WITH ADJACENTDECK AREA, INCLUDING USE AS SEASONAL CAFÉ/RESTAURANT; 6 SEMI-DETACHED DWELLINGS WITH ASSOCIATED PLAY AREA, POLYTUNNELS,ACCESS AND CAR PARKING AND 3 SERVICED CAMPERVAN PITCHES.PLANNING PERMISSION IN PRINCIPLE FOR THE ERECTION OF ADDITIONAL2 DWELLINGS

Report by Director of Development

REPORT DETAILS

DESCRIPTION OF THE PROPOSAL4.1 This is a planning application for the erection of a 6 semi-detached dwellings with

associated play area, a multi-use community building (including a multi-function space,office and business spaces, and kitchen facilities including proposed use as a seasonalcafé/restaurant) with adjacent deck area;, polytunnels, access and car parking and3 serviced campervan pitches; and Planning Permission in Principle for erection of anadditional 2 dwellings at Horgabost, Isle of Harris.

4.2 The site extends to 3.284ha in area and is located approximately 855m west of thevillage of Horgabost and approximately 900m to the northeast of Borve, Isle of Harris.The site is not readily visible from other settlements in the vicinity and for the purposes ofthe Outer Hebrides Local Development Plan - Development Strategy is considered to be‘Outwith settlement’.

4.3 The site is irregular in shape, running lengthwise northeast to southwest. The site risesapproximately 20m from the northwest portion of the site (road level) to the southeastedge of the site. This change in topography occurs across the width of the site, over adistance of approximately 153m. The site is characterised by shallow peat overlayingbedrock, with much of the bedrock exposed throughout the central area of the site.

4.4 The proposal includes provision of 6 semi-detached dwellings composed of three blocksof buildings. The dwellings will consist of five 3 bedroom dwellings and one 2 bedroomdwelling. It is proposed that the dwellings will be mixed tenure. The dwellings areproposed to be sited in the east portion of the site, to the rear of the multi-use communitybuilding and facing the public road. Each dwelling has its own discrete garden curtilage,parking for two vehicles, and surface water drainage to soakaway. The foul drainage forthe dwellings will connect into the private wastewater facility to be located to the northernside of the proposed access road. Each semi-detached, 2 dwelling unit facing the publicroad measures approximately 12.9 metres in width and 13.6 metres in length, with aheight of 6.4 metres from ground level. The external walls are proposed to be clad innative, untreated larch which will weather to silvery grey. The roof is proposed to befinished in turf. The windows are proposed as aluminium clad timber, and the proposeddoors are comprised of timber.

4.5 The proposed multi-use community building will be sited to the centre and northwest ofthe site; with a total internal area of 498sq metres. The building contains a communityspace, kitchen, three offices, four business spaces, a staff area, two toilets with showers,an accessible toilet, and ancillary storage areas within the building. The buildingfrontage facing the public road measures approximately 43m in length; the building has awidth of 16.8 metres (at its widest point) and a height of 6.6m from ground level. Theform of the building is asymmetrical and angular. The proposed external finishes andform of the community building match those of the housing. The proposal includesprovision of a decked area (43sq metres) to the northwest of the main community space,which can accommodate a demountable marquee for occasional use. The developerproposes use of yellow-coloured fibre cement cladding to mark the entrances of thebuilding.

4.6 The proposal also includes provision of a play area, 2 polytunnels and associated shed,and 3 serviced campervan pitches south and west of the housing units and multi- usecommunity building.

4.7 The proposal makes provision for the creation of 42 parking spaces and turning area toserve the community building and 6 housing units, and a 6m wide surfaced access roadwith kerbed edges on to the A859. It is the intention of the developer to construct theaccess, parking, and turning areas to Comhairle adoptable standards.

4.8 The proposed development will be served by mains electricity, public water and theinstallation of a private wastewater facility and outfall. A SuDS system for surface waterdrainage is proposed to be located within a grassed swale adjacent to the access roadand dealt with via individual soakaways serving each housing unit.

4.9 The proposal also includes for Permission in Principle for two further housing plots, in thefar western corner of the site. These plots would be serviced by a separate access withprovision for 2 car-parking spaces per house plot.

4.10 The site is within the South Lewis, Harris, and North Uist National Scenic Area, nationallydesignated for outstanding natural landscape.

4.11 The proposal is within the class of Local Development within the Planning Hierarchy.

ADMINISTRATIVE PROCESSES5.1 The planning application by Rural Design Ltd, 5 Lochside, Dunvegan, Isle of Skye, on

behalf of The West Harris Trust, Seallam Centre, Northton, Isle of Harris, was registeredon 1 February 2013.

5.2 The planning application was advertised for public comment in the public notices sectionof the Stornoway Gazette in the publications dated 7 February 2013 and14 February 2013, as required by regulations.

ENVIRONMENTAL IMPACT ASSESSMENT (SCOTLAND) REGULATIONS 20116.1 The Town and Country Planning (Environmental Impact Assessment) (Scotland)

Regulations 2011 are not applicable to the proposal.

PREVIOUS PLANNING DECISIONS RELATING TO THE SITE7.1 Other than in the northern corner where the site access overlaps with an extant consent

for two self build plots, there is no planning history over the greater area of theapplication site. The planning history relating to the locus of the access is as follows:

Ref. Number Description Decision Date10/00538/PPP Erect House Permitted with Conditions 17.12.2010

10/00536/PPP Erect House Permitted with Conditions 17.12.2010

7.2 The shared access for the above two housing sites is proposed to be enhanced and alsoused to serve this development.

RESPONSES TO CONSULTATION8.1 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 asummary of those relevant to the determination of the application.

TECHNICAL SERVICES (ROADS)8.2 ‘Accesses on to the main road to be constructed in accordance with Drawing 13/00048.

The parking shown on the submitted site plan is adequate. If the main access road is tobe adopted by the Comhairle the developer will have to apply for Road ConstructionConsent. This road would be constructed to Comhairle specification and would be takenover, on this basis, a year after completion.’

SCOTTISH WATER8.3 ‘Scottish Water has no objection to this planning application.

Due to the size of this proposed development it is necessary for Scottish Water toassess the impact this new demand will have on our existing infrastructure. With Anydevelopment of 10 or more housing units, or equivalent, there is a requirement to submit

a fully completed Development Impact Assessment form. Development ImpactAssessment forms can be found at www.scottishwater.co.uk.

There are no public sewers in the vicinity of the proposed development.

Geocrab Water Treatment Works may have capacity to service this proposeddevelopment.

The water network that serves the proposed development may be able to supply the newdemand.

These proposals may involve the discharge of trade effluent to the public sewer and maybe subject to control as defined in Part II of the Trade Effluent Control and ChargingScheme. No substance may be discharged to the public sewerage system that is likely tointerfere with the free flow of its content, have detriment to treatment / disposal of theircontents, or be prejudicial to health.

Appropriately sized grease traps must be installed on all drainage outlets from foodpreparation areas. No substance may be discharged to the public sewerage system thatis likely to interfere with the free flow of its content, have detriment to treatment / disposalof their contents, or be prejudicial to health.’

BUILDING STANDARDS8.4 ‘The main issues arising from this application would be as follows:

Fire hydrants would need to be provided as part of the overall site service provision. There may be issues arising form the use of turf as the roof finish for the affordable

housing. The roof finish should have a low vulnerability, in relation to fire, forbuildings in close proximity to each other.

In a domestic situation any external cladding should be non-combustible if it is within1m of a boundary. This would be problematic at the semi-detached affordablehousing boundaries.

Any proposed wastewater treatment systems should be determined by the result ofground percolation tests.’

FIRE DISTRICT OFFICER8.5 ‘No comments or objections to make at this time.’

ACCESS OFFICER8.6 No response from this consultee at the time of writing.

ENVIRONMENTAL HEALTH8.7 ‘The site if approved will be subject to the conditions of a licence under the Caravan

Sites and Control of Development Act 1960. I will send a licence application form to theapplicant.

The application includes plans for a café on-site, please see the following comments:

Environmental Health comments on food premises

Generally, the main concern from the EH perspective is potential loss of amenity toneighbouring premises, particularly due to odour and noise from such uses. Furtherdetailed information regarding the proposed premises is required in order to assess theirlikely impact.

Noise Control

The aim is to prevent an increase in the background noise level at the site boundary andto prevent structure borne noise and vibration transmission to adjoining premises.

The sound power level and the likely resultant noise level at the site boundary should besubmitted for all noise producing machinery such as extract ventilation systems,refrigeration plant/equipment etc that is likely to be installed. This information canusually be obtained from the manufacturer.

Any plant or equipment installed on site to be used in conjunction with the purpose of theapplication must be suitably located, acoustically enclosed or treated and/or vibrationdamped.

Noise from customers - normally controlled by specifying the hours of use, which willgenerally be set the same as similar businesses in the area. A submission outlining theintended hours of operation should be included with the submission.

Ventilation and Odour Control

The aim is to prevent odour nuisance to neighbours, when equipment is operating undernormal circumstances.

Details may be required of the range of food to be provided and the method of cookingintended.

When looking at ways of preventing odour nuisance beyond the site boundaries,consideration should be given to a vertically discharging high velocity/high dilutionsystem. It should be designed to have a grease filter, with the point of discharge as highas it is reasonable without causing undue harm on the environment and residentialamenities. Additionally, the discharge point should incorporate bird proofing. Theprevention of water penetration should not be by capping methods such as "Hat TypeCowls" which can hinder vertical discharge.

Fumes should also be controlled from infrequently used equipment either byincorporating integral hoods and/or connection to the main ventilation system.

All ventilation system designs should allow for cleaning and maintenance to be carriedout safely.

DEFRA "Guidance on the Control of Odour and Noise from Commercial Kitchen ExhaustSystems"

http://www.defra.gov.uk/publications/files/pb10527-kitchen-exhaust-0105.pdf

Minimum Requirements For Odour Control

Objectives

- for new premises or premises covered by planning conditions restricting the impactof odour the system shall be designed to prevent harm to the amenity.

- for existing premises not covered by planning conditions restricting the impact ofodour, the system shall be designed to avoid statutory nuisance and shall complywith the principles of Best Practical Means.

To achieve these objectives the odour control system shall include an adequate level of:

1. odour control; and

2. stack dispersion.

The overall performance of the odour abatement system will represent a balance of 1and 2.

Discharge stack

The discharge stack shall:

1. Discharge the extracted air not less than 1 m above the roof ridge of any buildingwithin 20 m of the building housing the commercial kitchen.

2. If 1 cannot be complied with for planning reasons, then the extracted air shall bedischarged not less than 1 m above the roof eaves or dormer window of the buildinghousing the commercial kitchen. Additional odour control measures may berequired.

3. If 1 or 2 cannot be complied with for planning reasons, then an exceptionally highlevel of odour control will be required.

Minimum Requirements for Noise Control

For new premises or premises covered by planning conditions restricting the impact ofnoise, the system shall be designed to prevent an acoustic impact on the externalenvironment and therefore harm to the amenity, as well as ensuring that noise exposureof kitchen staff does not constitute a hearing hazard.

For existing premises not covered by planning conditions restricting the impact of noise,the system shall be designed to avoid statutory nuisance and shall comply with theprinciples of Best Practicable Means.

To achieve these objectives the noise control system shall include:

control of noise at source to the greatest extent possible (with the added benefit ofhearing protection); and

control of noise to the environment by taking acoustic considerations into accountwithin duct, grille and termination design.

The control system should meet the requirements laid down in BS4142: 1997 "Methodfor Rating industrial noise affecting mixed residential and industrial areas".

Maintenance

Proprietors of commercial kitchens have a duty to ensure that the ventilation systemserving the respective premises are maintained and operated effectively.

Good maintenance is a prerequisite for ensuring that a system complies with BestPracticable

Means under statutory nuisance provision and will form a key element of any schemedesigned to minimise harm to the amenity under planning regulation. Good maintenanceis required by the food hygiene regulations and will also minimise the risk of fire. Therecommended cleaning period for extract ductwork is:

Heavy Use 12-16 Hours Per Day 3 Monthly

Moderate Use 6-12 Hours Per Day 6 Monthly

Light Use 2-6 Hours Per Day Annually

Recommendations for maintenance of odour control system include:

System employing fine filtration and carbon filtration.

Change fine filters every two weeks.

Change carbon filters every 4 to 6 months.

Use a system employing ESP and other in line abatement.

Clean every 2-6 month

Other considerations

The provision of equipment and standard of fixtures and fittings must comply with theFood Hygiene (Scotland) Regulations 2006. Proprietors will also be required to registertheir food business with the Consumer and Environmental Services Section. For furtherinformation, please contact 01851 822 694.

Drainage serving kitchens in commercial hot food premises should be fitted with agrease separator complying with prEN 1825-1 and designed in accordance with prEN1825-2 or other effective means of grease removal.

Applications relating to takeaway food premises should have regard to the prevention oflitter and provide adequate bins.

Suitable refuse storage systems must be implemented, and be of adequate design andsize appropriate for the Council and/or normal methods of collection.

In the interests of good hygiene, where food is prepared on the premises, it is preferablethat staff toilets must be accessible by employees only. Toilets must not open directlyonto food rooms. The minimum requirement is 1 toilet or WC for up to 5 employees. Formore than 5 employees, additional toilets must be provided on the basis of the Health,Safety and Welfare Regulations 1992.’

CLEANSING8.8 ‘The developer looks to have provided a tarmac access road with hard standing for bins

with easy access to the road so it is unlikely that we will have any problems with thecollection of the bins.

We would like to offer assistance to the developer through our Zero Waste team, whenallocating bins to properties and perhaps looking at the possibility of including acommunal recycling point.’

ARCHAEOLOGY SERVICE8.9 ’Thank you for consulting The Archaeology Service CnES. Following a site visit on the

26th January 2013 two stone structures were identified within the proposed area ofdevelopment, additionally the whole area is notable for its intensive cultivation ridging. Arubble stone culvert runs under the earlier road and a sub-circular raised area of irregularstones indicate the site of a sheiling (SMR15461) (NGR NG 03855, 96315); notpreviously recorded. The stone culvert does not appear to be impacted by the proposeddevelopment; however it should be noted that if at all possible it would be preferable toretain this feature. The remains of the sheiling will be impacted adversely by theproposed development.

The Scottish Planning Policy, through PAN2/11 sets the policy on how archaeologicalremains should be preserved or recorded through the development process. Where thesignificance of archaeological remains is not sufficient to out weigh the benefits of thedevelopment, then a range of measures can be undertaken to mitigate any adverseimpacts on the archaeological resource. The guidance works from the presumption thatpreservation of the remains in situ is the preferred position. Where preservation in situ isdeemed not possible, then it advises that preservation by record through the use ofsuspensive conditions may be the way forward.

I therefore recommend a programme of archaeological works on the area of the sheiling(the proposed car park) to include a full excavation mitigation strategy. The excavationmust be carried out prior to any ground disturbance.

Therefore please include the following conditions.

ConditionNo development shall take place until an archaeological mitigation strategy, has beensubmitted to, and approved in writing, by the local planning authority. The strategy shallinclude details of the following:

i. Measures to ensure the preservation in situ, or the preservation by record, ofarchaeological features of identified importance.

ii. Methodologies for the recording and recovery of archaeological remains includingartefacts and ecofacts.

iii. Post-fieldwork methodologies for assessment and analyses.iv. Report content and arrangements for dissemination, and publication proposals.v. Archive preparation and deposition with recognised repositories.vi. A timetable of works in relation to the proposed development, including sufficient

notification and allowance of time to ensure that the site work is undertaken andcompleted in accordance with the strategy.

vii. A list of all staff involved in the implementation of the strategy, including sub-contractors and specialists, their responsibilities and qualifications.

The archaeological mitigation strategy shall be carried out in accordance with theapproved details and timings, subject to any variations agreed in writing by the localplanning authority.

A copy of any analysis, reporting, publication or archiving required as part of themitigation strategy shall be deposited at the Western Isles Sites and Monuments Recordwithin 12 months of the date of completion of the development hereby approved by thispermission or such other period as may be agreed in writing by the local planningauthority.

ReasonIn order to mitigate the impacts of the development on the archaeological resource of thearea, in accordance with Outer Hebrides Local Development Plan Policy 34.’

SCOTTISH AND SOUTHERN ENERGY8.10 ‘SSE would like to register no objections to the above proposal but would like to register

one concern. The concern relates to the high voltage overhead line which runs acrossthe proposed site. The applicant will need to divert or underground the overhead line attheir cost to enable the development of the site to proceed.’

SCOTTISH NATURAL HERITAGE8.11 ‘The proposal will not have an adverse effect on the integrity of the NSA or the qualities

for which it has been designated

SNH APPRAISAL OF THE PROPOSALS

Natural Heritage Interests Affected

The proposed development site lies within the nationally important South Lewis, Harris,and North Uist National Scenic Area (NSA). This is an extensive area designated for itsrugged hills surrounded by a variety of contrasting lowland and coastal landscapes. Therelationship between the coastal machair and crofting townships underpins the value ofthe NSA in this area.

The local landscape experience is dominated by coastal views from Aird Niosaboist overto Ceapabhal and across to Taransay. The landscape character of the proposed site ismachair, where traditionally housing development has followed a dispersed pattern withindividual croft houses being spread out and related to sheltering landforms i.e. they sitlow and are tucked into the landform. (Western Isles Landscape Character AssessmentSNH, 1998).

CONCLUSION

The proposal will not have an adverse effect on the integrity of the NSA or the qualitiesfor which it has been designated.’

REPRESENTATIONS9.1 At the time of writing the Report, no representations have been received.

VIEWS OF THE APPLICANT10.1 The full terms of the views of the applicant can be read on the file at the Development

Department. However, they can be summarised as follows:

‘13/00048 - Rationale for Rubha Romagaidh Development Site Choice

Identifying suitable sites for development is the most challenging issue facing the WestHarris Trust. As the landowner of a crofting estate the Trust must rely on the co-operation of individual crofters and grazings committees to release land.

Prior to purchase of the estate in 2010 the Trust identified the provision of new housingsites and business sites as key requirements of regenerating the area. The Trusttherefore asked individual crofters and grazings committees to try to identify suitablesites within or on the edge of townships for these purposes.

Identifying land within townships has proved to be very difficult. Most crofts are narrowand have at least one house (and usually more) adjacent to the road, leaving limitedroom for further development. Given the limited amount of arable land available croftersare understandably reluctant to give this up for permanent development. Furthermore theCrofting Reform Act (2010) lays greater responsibility on the Crofting Commission toconsider the importance of keeping quality land in crofting tenure.

In seeking to make house sites available for new families to self-build no individualcrofters were willing to make land available within settlements. The grazings committeeswere willing to assist but by its very nature most common grazing land lies outsidesettlements. Scarista common grazings was able to provide one plot within thesettlement where the common reaches the roadside. Luskentyre and Horgabost &Seilebost townships were able to offer land outside of their existing settlements for a totalof 5 individual plots, with 2 of these plots adjacent to the current proposal underconsideration. Comhairle nan Eilean Siar recognised that the choice of these sites wasdriven by locational need and granted planning permission subject to the Trustdeveloping an approved scheme for the provision of the sites for affordable self-build.

Having had significant difficulty in identifying individual plots for self-build the Trust facedthe challenge of finding sites for affordable rented housing, community and businessuse. Following further requests for land opportunities several potential sites wereidentified in late 2011. The Trust initiated a further process of site investigation, led by anengineer looking at 5 potential sites, 4 of which were outside of existing settlementpatterns. All 5 sites were discussed with the planning department.

Two sites at Rubha Reamhar just before the Seilebost causeway and with views overBagh Losgaintir were considered but rejected because of site difficulties, principally thecost of provision of water and sewerage services. Secondarily one of the sites wouldhave been highly visible from Luskentyre and Seilebost. A third site on croft 5 Seilebostthat was potentially available was promising and could have accommodated a similar butsmaller development to the one currently planned. However the level of compensationthat the crofter wished for this site, were it to be developed, was well beyond theresources available to the Trust and the project would not have been viable. It was alsobecoming clear to the Trust that in the current straitened financial circumstances creativesolutions would be required to be able to deliver much-needed affordable rented/sharedequity housing in the area. This was not possible with the Seilebost site but is with theRubha Romagaidh site as outlined below.

Two potential sites were investigated at Rubha Romagaidh, either side of the A859. Onthe seaward side of the road there is the potential to build 6 house units. However therewould not be space for a community building and the site would be highly visible topassing traffic. The site on the landward side of the road which is the subject of thecurrent planning application is a former crofting apportionment which was no longerneeded by the croft tenant. This site offered a number of advantages over the other onesalready considered:

Its relatively large size gave flexibility for arranging the different proposed uses ina way that works best with the landscape.

As described already in the main application the combination of topography andlocation meant it was possible to design a scheme with a very low visual impact

By combining multiple uses on one site the Trust is able to share service costsbetween the different elements. This has the effect of making each of theelements more financially viable than if they were delivered as a series of stand-

alone projects. The complete scheme is deliverable in a way that separateschemes would not be.

The proposed development will provide a context for the existing consentedhouse plots, giving them a greater sense of belonging in the landscape.

The combination of the proposed community building and houses, along with theexisting houses which have planning permission in principle mean that there is agreater likelihood of the adoption of the proposed waste water system by ScottishWater.

It seems likely that under the current financial limitations TIG/HHP will only beable to build either 2 or 4 affordable house units for rent/shared equity. The Trustcan therefore use the income received from the sale of the 2 house plots for self-build to complete a funding package for it to build a further 2 units for let at mid-market levels. This would not have been possible on any other site.

The site is no longer in crofting tenure and is therefore wholly in the control of the Trustwhich will make it easier to develop once planning permission has been granted.

In summary the Trust has gone through an extensive site identification and feasibilityexercise which has led to the current site being identified as the only one capable ofdelivering the elements that are required to meet the community’s needs and aspirationsfor becoming more sustainable.’

ASSESSMENT OF EIA11.1 Not applicable.

THE DEVELOPMENT PLAN12.1 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 unlessmaterial considerations indicate otherwise. An assessment against the policies andprovisions of the Development Plan is therefore made initially. This is then followed byan assessment of any other material planning considerations, prior to a conclusion andrecommendation as to the determination.

12.2 Development Strategy - Preamble to Policy 1 - Outwith Settlements

Areas ‘outwith settlements’ generally have a more open landscape and disperseddevelopment. They support non-residential uses, although housing may exist in suchareas. Development proposals are likely to be resource-based infrastructure.

These areas encompass various landscape character types with machair, moorland andsome upland landscapes. Often they serve as a separation between settlements thatassists in retaining the distinctiveness of settlements. Areas outwith settlements havesome local and strategic resource functions including roads, infrastructure associatedwith resource‐based or tourism activities and recreation.

Such areas support a diverse range of development activities. The main land usesinclude agriculture as well as recreational or sporting activities. Certain business usesare also located here, such as quarries and storage/waste depots. Residentialdevelopment tends to be single houses, often associated with management of aresource‐based activity.

There is capacity for a limited amount of development; however, the design and siting ofsuch development is critical to achieving a sympathetic fit with the surroundinglandscape to avoid the development appearing out of place in its setting. A high qualityof siting and design is required in these areas. Sympathetic renovation of abandoned

buildings may be acceptable outwith settlements provided that the proposal complieswith relevant policies.

12.3 Policy 1 – Development Strategy (Outwith settlement provisions):

12.4 The site is located approximately 855m west of the village of Horgabost andapproximately 900m to the northeast of Borve, Isle of Harris and is not readily visiblefrom other settlements in the vicinity. The proposal is therefore located within an ‘outwithsettlement’ area in terms of the Development Strategy.

12.5 The policy therefore requires that the assessment incorporates a clearly justified anddemonstrated need for the proposed development. The applicant has submitted astatement demonstrating that a sequential approach was adopted in identifying anappropriate site for affordable housing and community facilities within the West HarrisTrust area (Paragraph 10.1), the Trust having identified the provision of new affordablehousing and small business spaces as key requirements to the regeneration of the area.

12.6 The statement cites the iterative process of site selection and the constraints includingland tenure, topographical constraints (steeply sloping land and rocky outcrops) and landavailability in the area at a scale that would accommodate a development proposal thatwould be viable in terms of servicing costs and which would provide the affordablehousing and facilities identified by the applicants as necessary to regenerate the area.

12.7 The statement confirms that in addition to adopting a sequential approach to identifyingland for the social/affordable housing and community development need, regard was hadto the capacity of the landscape to accommodate such a development.

12.8 Evidence of the need for local affordable housing, community facilities, and smallbusiness spaces has been submitted (within the Design Statement and Rationale for SiteChoice document) and sufficiently demonstrated.

12.9 The statement on site selection and the statement of need referred to above have beenassessed, and it is concluded that while the development is outwith settlement, a clearlyjustified and demonstrated need for the development at this particular site has beenevidenced, and the landscape at this locus has capacity to accommodate thedevelopment in compliance with criterion (a) and (b) of OHLDP Policy 1 – OutwithSettlements. The provision of affordable housing is managed via the application of aplanning condition appended to this Report.

DEVELOPMENT PROPOSALS IN OUTWITH SETTLEMENT AREAS WILL BEASSESSED AGAINST ALL OF THE FOLLOWING:

a) a clearly justified and demonstrated need for the proposed development;

b) the capacity of the surrounding landscape to accommodate the development;

c) sensitive siting, scale and design to minimise impact on the open and ruralcharacter of the landscape, avoiding raised or high level locations to minimisevisual impact; (supplementary information including siting, levels, height ofproposed buildings and materials will be required at Planning Permission inPrinciple application stage as well as detailed planning stage);

d) the design, materials and finish of the access and parking is appropriate to therural setting and hard-landscaping is kept to a minimum;

e) the overall layout and design respects and, where possible, retains anyarchaeological, heritage or landscape features of the site.

12.10 It is considered that the siting, layout, form, design, and materials of the developmenthave been carefully considered and appropriately conform to the natural qualities of thesite and surrounding landscape. These considerations significantly reduce visual andlandscape impacts of the development. The proposal therefore complies with criterion(c) of OHLDP Policy 1 – Outwith Settlements.

12.11 Hardstanding areas are required in order to ensure that the access and parking/turningare constructed to Comhairle adoptable standards. The existing intervening topographywill reduce the visual and landscape impacts of hardstanding areas, given the principleviews of the site are from a lower vantage point, from the public road (A859). Given thelatter assessment, the proposal therefore complies with criterion (d) of OHLDP Policy 1 –Outwith Settlements.

12.12 The Comhairle Archaeology Service has been consulted on the development, and theyare of the view that unscheduled archaeology may be impacted by the development ofthe site. Regarding the identified archaeological feature (possible sheiling), theArchaeology Service has recommended a programme of archaeological works to includea full excavation and mitigation strategy. The excavation must be carried out prior to anyground disturbance. Through the appending of a relevant planning condition, it isconsidered that the proposal complies with criterion (e) of OHLDP Policy 1 – OutwithSettlement.

12.13 Policy 2 – Assessment of Development:

Underpinning each of the policies in the Plan is a requirement to demonstrate thatdevelopment proposals:

a) will not significantly adversely affect biodiversity and ecological interests and, wherepossible, result in an enhancement of these interests. (The online BiodiversityPlanning 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 riskassessments confirm the suitability of the proposed use, in compliance with theComhairle’s Contaminated Land Inspection Strategy;

e) have been designed to take account of the requirements of safeguarding zonesnotified by the Health and Safety Executive, Civil Aviation Authority, National AirTraffic Services, Ministry of Defence and Marine Consultation Areas.

All development will be assessed for its impacts individually, incrementally andcumulatively to ensure no significant detrimental effects arise.

The Comhairle may negotiate with developers a fair and reasonable contributiontowards infrastructure and/or services required as a consequence of the proposeddevelopment. The contributions will be proportionate to the scale and nature of thedevelopment (including cumulative) and will be addressed through planning conditionsor through a legal agreement if appropriate.

12.14 The proposal complies with Policy 2 above because it principally does not increaseecological impact or pollution discharges outwith prescribed limits. The proposal doesnot increase the likelihood of harmful erosion, provided care is taken during theconstruction period. The site is not contaminated and the Ministry of Defence andHighlands and Islands Airports Limited have no safeguarding remit regarding height ofthe development on the site in question.

12.15 Policy 3 – Zero and Low Carbon Buildings:

Low and/or zero carbon generating technology must be installed in all new buildings(with the exception of those listed below) to reduce predicted carbon dioxide emissionsfrom buildings to meet the minimum building standards.

A sustainability statement detailing the technologies proposed and demonstratingproposed achievement of Bronze Active Sustainability rating (achieving or exceedingBuilding Standards), must be submitted as part of planning applications for newbuildings.

This requirement does not apply to any of the following:

a) buildings which will not be heated or cooled, other than by heating provided solely forthe purpose of frost protection;

d) ancillary buildings that are stand-alone, having an area less than 50 square metres;

e) buildings which are designed so that the energy necessary is integral to the structurerequiring minimal additional mechanisation (the passive house concept).

12.16 A sustainability statement has been submitted. The statement satisfies the provisionswithin Policy 3. The proposal will be subject to Building Standards ensuring theprovisions of the sustainability statement will be met.

12.17 Policy 4 – Siting and Design:

Development proposals must demonstrate a satisfactory quality of siting, scale anddesign that respects and reflects the characteristics of the surroundings.

Development proposals for buildings will be permitted where they satisfy all of thefollowing:

a) siting relates to the settlement pattern, landform, surrounding buildings and openspaces, and accords with Policy 1 Development Strategy and Policy 5 Landscape;

b) design, scale, form and mass integrate with the streetscape, townscape and/orlandform, avoid dominating the sky line, and relate to design elements that make apositive contribution to the character of the surrounding area; the mass of largerbuildings should be managed by breaking up the design elements;

c) materials, colour, proportions and detailing complement the streetscape, townscapeand/or landscape;

d) car parking arrangements accord with the Standards for Car Parking and RoadsLayout Supplementary Guidance which forms part of the Development Plan;

e) plot layout accommodates;

(i) the development footprint placed and orientated to respect that characteristic ofthe local area

(ii) service requirements, safe road access, parking provision integrated tominimise adverse impacts on the environment and public road;

(iii) adequate amenity space consistent with the type and character of thedevelopment;

(iv) landscaping, and boundary treatments in positions, form and scale thatintegrate the development into its setting;

Developments which result in an over-development of a plot or site by virtue of density,scale, or height will be resisted;

f) levels, excavation and under-building – buildings on sloping sites should be set at a

level which will compensate excavation depth with unacceptable levels of visibleunder-build. Surplus materials from excavations should be landscaped to reflect thenatural landform. Pre and post development levels and landscaping measuresshould be detailed on submitted plans;

g) the amenity of neighbouring properties is considered in the siting and design of newdevelopment to ensure reasonable levels of amenity are retained in respect of noise,disturbance or lighting, overlooking and overshadowing. Development will not besupported where it will result in a significant impact on the amenity of neighbouringproperties.

12.18 The site is outwith the settlement. Policy 1 requires that the surrounding landscape hascapacity to accommodate the development and a sensitive siting, scale and design areincorporated in order to minimise impact on the open and rural character of thelandscape. Policy 4 requires that development proposals demonstrate a satisfactoryquality of siting, scale and design that respects and reflects the characteristics of thesurroundings.

12.19 This site overlooks the west coast of south Harris and is sited in a slightly elevatedplateau of principally rocky moorland character on the southeast side of the main Tarbertto Leverburgh Road (A859). The site is only visible over a short section of the publicroad and has a rising backdrop of land when viewed from the road.

12.20 The proposed layout makes use of the existing land profile and level area to the northand centre of the site, to ensure sensitive siting and aid landscape absorption, while atthe same time reducing site excavation and fill. The multi-use community building andhousing sites are oriented to reflect the existing topography and make use of the naturalqualities (levels, rocky outcrops) of the site. The design, scale, form and mass integratewith landform and while not reflective of traditional building in the vicinity, are thoughtfullydesigned, and are of a form and scale and make use of materials such as timbercladding and turf that will ensure the development integrates with the landform at thislocation. The development establishes an appropriate settlement pattern and layout fora new cluster of buildings outwith the settlement and at this particular location.

12.21 The developer has given consideration to parking, access, and turning provision withinthe site area and seeks to engineer these details to Comhairle adoptable standards.

12.22 The developer has designed the buildings to make use of the existing land contours.This will reduce the overall visual impact of multi-use community building and proposeddwellings.

12.23 Consideration has been given to neighbour amenity through acceptable layout, windowplacement, building design, and building orientation. The business uses proposed withinthe community building will not adversely affect neighbouring amenity given theproposed use (Use Class2 – Office and Class 4 – Business) and the distance betweenthe office/business spaces and the residential accommodation. It is also considered thatthe 3 touring caravan sites will not adversely impact on neighbouring uses given thelayout of the site.

12.24 The form of the buildings is contemporary but given the scale of the development theform, scale and materials of the proposed buildings will ensure that this newdevelopment integrates well with the topography and natural qualities of the site(exposed rocky outcrops and backdrop of rising land).

12.25 The proposal takes account of existing land topography and avoids excessive site worksor use of underbuild to achieve acceptable levels.

12.26 In light of the above assessment, the proposal is in compliance with Policy 4 of theOHLDP.

12.27 Policy 5 – Landscape:

Development proposals should relate to the specific landscape and visual characteristics ofthe local area, ensuring that the overall integrity of landscape character is maintained. TheWestern Isles Landscape Character Assessment (WI-LCA) will be taken into account indetermining applications and developers should refer to Appendix 1 of this plan for asummary of this guidance.

12.28 The landscape and visual characteristics of the local area are not unduly affected by thedevelopment. The site is within the South Lewis, Harris, and North Uist National ScenicArea, but following consideration of the advice of SNH and a detailed site assessment, itis considered that the identifying characteristics of the NSA are not undermined by theproposed development.

12.29 Given the above reasons, the proposal complies with Policy 5 of the OHLDP.

12.30 Policy 6 - Water and Waste Water:

New developments will be required to adopt the principles of Sustainable DrainageSystems (SuDS) with the exception of those discharging directly to coastal waters andsingle house developments (where surface water can be treated by other means).

Sewerage - New buildings in areas with public sewerage systems and developments of25 houses or more will be required to connect to the public sewer unless the developercan demonstrate that there are specific technical reasons as to why the developmentcannot reasonably be connected to a public sewer. In such cases the development willonly be permitted if the developer can demonstrate a sustainable, alternative method thatwill not significantly adversely impact on the environment or neighbour amenity.

Private waste water systems should discharge to land. Where this is not possible, thedeveloper must submit evidence that discharge to the water environment is acceptable toSEPA. Discharge from waste water systems direct to waters designated under ECShellfish Directives will not be permitted.

Water - New developments in areas with public water supplies will be required to connectto the public water supply. In situations where there is no, or an inadequate, public watersupply the details including the sufficiency and wholesomeness of the private water supplywill require to be demonstrated.

12.31 The proposal is to adopt the principles of SuDS by use of a grassed swale located to thenorth of the access road serving the site. The development also makes provision forsurface water drainage to serve each of the proposed dwellings, via the use ofsoakaways.

12.32 It is proposed that the new development will connect into a new private wastewaterfacility located to the northeast of the site, including outfall provision. It is envisaged thatthe development will connect to the nearby mains water supply. Scottish Water has noobjections to the proposal but has requested a Development Impact Assessment. Thisis required by condition

12.33 The two plots being assessed for Planning Permission in Principle include private wastewater facilities, surface water drainage, and connection to mains water.

12.34 With the application of conditions, the proposal is assessed to comply with Policy 6 of theOHLDP.

12.35 Policy 8 – Waste Management

Waste management and recycling facilities must be designed and built into all newindustrial, commercial, retail and communal housing development proposals both duringthe construction phase as well as the completed development.

Preparation of a Site Waste Management Plan will be required to accompany proposalsfor larger scale developments such as new wind farms sites; industrial sites; housingsites of 15 or more units and new public buildings including schools and residentialinstitutions. For all other developments, waste will be managed in accordance with theWaste Hierarchy. Details of how waste is to be managed should be provided as part ofthe sustainability statement required through Policy 3 Low and Zero Carbon Buildings.

In line with the Zero Waste Plan the Comhairle will work towards reducing waste tolandfill to 5% or less by 2025. This will be done by increasing diversion from landfill; byrecycling and development alternative waste processing options; by maximisingopportunities for local recovery options wherever environmentally and economicallyfeasible; and by seeking to increase opportunities for biomass.

12.36 The proposal includes for a tarmac access and a hardstanding for bins with easy accessto the road, to aid the collection of the bins. Comhairle Cleansing has offered assistanceto the developer through the Comhairle Zero Waste Team, when allocating bins toproperties and perhaps looking at the possibility of including a communal recycling point.

12.37 A condition has been appended to this Report which requires the developer to submitsiting and design details of bin storage, and recycling.

12.38 It is not considered that a Site Waste Management Plan is required for this development;it is considered that the condition within Appendix 1 adequately addresses therequirements of and subsequently complies with Policy 8 of the OHLDP.

12.39 Policy 13 – Housing:

The effective land supply to deliver the housing needs of the islands for at least a fiveyear period (as identified in the LHS Housing Needs and Demand Assessment) will bedelivered through individual/private sites and those listed in Proposal H1. Proposal H1sites will be safeguarded against uses and development that would compromise theresidential function of the site. To meet any shortfall and provide for longer term supply afurther range of sites are listed in Proposal H2.

In addition to the identified sites, housing development may be permitted where: thedevelopment:

comprises redevelopment of land or premises, or;

is a conversion of an existing property, or;

is for use of derelict land or gap sites, or;

is of small-scale (not more than 3 dwellings) at an appropriate density; or,

it is appropriately located within the Rural Housing market area.

Housing proposals should not be located adjacent to: existing or consented generalindustrial/storage sites (use classes 5 & 6); mineral extraction or waste managementsites; LDP Economic Proposal sites; non-residential caravan sites, and renewable energydevelopment, where the residential amenity would be compromised.

For housing proposals of:

a) 4 or more units, an appropriate housing density will be required as follows

Housing density by area (Policy 1) Maximum density Minimum density

Stornoway core None 25 units/ha

Outwith the core & in other mainsettlements

30 units/ha 15 units/ha

Within rural settlements 20 units/ha None

Outwith settlements 15 units/ha None

b) 8 or more units, a minimum of 25% affordable housing will be required unlessotherwise determined in a planning brief;

c) 15 units or more, an appropriate tenure mix will be sought in discussion with thedeveloper.

A planning application which does not accord with the above will not be acceptable unlessit is demonstrated that there is a need for housing in the area, or the site specificdevelopment issues, combined with the overriding public benefit of the development of thesite, would justify the proposal.

Planning briefs will be prepared by the Comhairle as statutory Supplementary Guidance forspecific housing sites as indicated in the Proposals section of the Plan.

Planning permission will be required for multiple occupation of a house by five or moreunrelated people and occupation of a flat by three or more unrelated people, if it is deemeda material change of use. Proposals for the conversion and sub division of buildings intomultiple residential units will be assessed on the contribution the development could maketo meeting housing demand balanced against any possible damage to the character andamenity of the area and of adjoining dwellings.

12.40 The provision of the six semi-detached dwellings and the principle of developing twofurther sites for detached houses equates to <2.5 houses per ha and therefore complieswith the density requirements for housing developments ‘outwith settlement’ as per theabove policy. The provision of affordable housing is managed via the application of aplanning condition appended to this Report.

12.41 The housing is not located adjacent to existing or consented general industrial sites.

12.42 The proposal includes provision of three touring caravan sites. The site layout allows foran acceptable distance between residential uses and the touring caravan pitches.

12.43 Given all of the above reasons, the proposal accords with the provisions of Policy 13 ofthe OHLDP.

12.44 Policy 14 – Caravans and Temporary Buildings:

Proposals must avoid any adverse environmental and amenity issues arising fromdevelopment and demonstrate solutions for the end of the life for these structures.Proposals will be assessed against relevant policies in the Plan and in particular mustcomply with the policies contained in the Supplementary Guidance for Caravans andTemporary Buildings which forms part of the Development Plan.

12.45 The proposed three touring caravan pitches comply with Policy 14 of the OHLDP. Theproposal complies with Policy 2B and Policy 2C of the Supplementary Guidance forCaravans and Temporary Buildings.

12.46 It is not considered that the site is sensitive as defined in Policy 2B of the SupplementaryGuidance for Caravans and Temporary Buildings; therefore no condition has beenappended which limits the use of the site between Easter and the end of September.

12.47 Policy 15 – Economic Development:

The preferred locations identified as the main sites to deliver the strategic businessneeds of the islands are listed in Proposal E1. These locations will be safeguard againstuses or development that would compromise the business function of the site.

Further sites also suitable for a range of commercial developments are lists in ProposalE2.

Proposals for economic development outwith these sites may be permitted if it can bedemonstration that none of the sites identified in Proposals E1 and E2 is suitable toaccommodate the proposed development, or there is specific economic need at theproposed location.

Sites to be upgraded or developed for accommodating holiday/touring caravans will berequired to accord with Policy 14 Caravans and Temporary Buildings and the associatedSupplementary Guidance.

For large sites details of proposed phasing, infrastructure and other relevant matters maybe required in support of the planning application. The provision of waste managementfacilities will be required in accordance with Policy 8 Waste Management.

12.48 The developer has provided a justification for the proposed office/business spaces withinthe multi-use community building. The justification is provided within the DesignStatement and supplemental information supporting the application. The developer hasdemonstrated a local demand for small scale business spaces beyond the E1 and E2sites indentified within the OHLDP.

12.49 Given the above reasons, the proposal accords with the provisions of Policy 15 of theOHLDP.

12.50 Policy 26 –Transport Infrastructure:

Provision of bicycle storage facilities will be required in new public buildings; schools;housing development consisting of flatted dwellings; and commercial or communitypremises where a minimum of five car parking spaces is required. Policy on car-parkingwill be set out in supplementary guidance.

12.51 The provision of bicycle storage facilities will be controlled by planning condition. Thedevelopment can meet the requirements and provisions within this policy and is thereforein accordance with Policy 26 of the OHLDP.

12.52 Policy 28 –Natural Heritage:

Development which is likely to have a significant effect on a Natura site and is notdirectly connected with or necessary to the conservation management of that site will besubject to an Appropriate Assessment by the Comhairle. Development which is likely tohave a significant effect on a Natura site will only be permitted where:

an Appropriate Assessment has demonstrated that it will not adversely affect theintegrity of the site, or

there are no alternative solutions, and

there are imperative reasons of overriding public interest, including those of a socialor economic nature.

Development that affects a National Scenic Area (NSA), a Site of Special ScientificInterest (SSSI) or National Nature Reserve (NNR) will only be permitted where:

it will not adversely affect the integrity of the area or the qualities for which it has

been designated, or

any such adverse effects are clearly outweighed by social, environmental oreconomic benefits of national importance.

All Ramsar wetland sites are also Natura sites and/or Sites of Special Scientific Interestand are included in the statutory requirements noted above.

Where there is good reason to suggest that a protected species is present on site, ormay be affected by a proposed development, the Comhairle will require any suchpresence to be established and, if necessary, a mitigation plan provided to avoid orminimise any adverse impacts on the species, prior to determining the application.

Planning permission will not be granted for development that would be likely to have anadverse effect on a European protected species unless the Comhairle is satisfied that:

there is no satisfactory alternative, and

the development is required for preserving public health or public safety or for otherimperative reasons of overriding public interest including those of a social oreconomic nature and beneficial consequences of primary importance for theenvironment, and

the development will not be detrimental to the maintenance of the population of aEuropean protected species at a favourable conservation status in its natural range.

Planning permission will not be granted for development that would be likely to have anadverse effect on a species protected under the Wildlife and Countryside Act 1981unless the development is required for preserving public health or public safety. Fordevelopment affecting a species of bird protected under the 1981 Act there must also beno other satisfactory solution.

Applicants should submit supporting evidence for any development meeting these tests,demonstrating both the need for the development and that a full range of possiblealternative courses of action have been properly examined and none found to acceptablymeet the need identified.

Development affecting the Loch Stiapavat, Local Nature Reserve (LNR) should aim toenhance the site and will not be permitted if it will have an unacceptable impact on thefeatures of interest of the site.

In addition to the conditions listed above, developers are encouraged to assess theimpacts of their proposed development on UK Biodiversity Action Plan (BAP) priorityspecies and habitats and Local BAP habitats and species. Developers should refer tothe Scottish Biodiversity List* for a full list of animals, plants and habitats considered tobe of principal importance for biodiversity conservation in Scotland (this list includes allUK priority species).

*http://www.snh.gov.uk/protecting-scotlands-nature/biodiversity-scotland/Scottish-biodiversity-list/

12.53 The site is not a Natura site, and is not a SSSI. No European Protected Species orLBAP species are known to use the site. The site falls within the South Lewis, Harris,and North Uist National Scenic Area. SNH has stated that ‘the proposal will not have anadverse effect on the integrity of the NSA or the qualities for which it has beendesignated.’ The Comhairle is entitled to place due weight on the specialist advice ofSNH. Given the above assessment, the proposal complies with Policy 28.

12.54 Policy 34 –Archaelology:

Proposals that seek to protect, enhance and interpret nationally important monumentsand other archaeological sites will generally be supported in line with the policy criteria.Development proposals adversely affecting nationally important remains and theirsettings will not normally be permitted.

Proposals affecting regionally important sites/landscapes the importance and integrity ofthe remains, including the potential for amenity, tourism and education purposes, will beweighed against the benefits of the proposed development, on the advice of theRegional Archaeologist. Where development is acceptable, in addition to the excavationand recording arrangements set out below, long term management, access andinterpretation of the site may be required as a planning condition or through a planningagreement.

There is a presumption in favour of the preservation in situ of important monuments andtheir settings.

Where the proposal will negatively affect regionally important archaeological remainsapplicants will be required to undertake a desk-based archaeological assessment, awalkover survey and where appropriate a field evaluation of the archaeological remains.This information should be submitted with the planning application to informdetermination of the application and any mitigation required through the use ofconditions.

In order to secure the preservation of important archaeological features and their settingin situ, the Comhairle may use planning conditions or require a planning agreement tosecure a modification. Planning applications must include a mitigation strategy toindicate how preservation in situ will be secured.

Where the Comhairle determines that preservation in situ is not justified, and the site canbe preserved by record, recording should be carried out in accordance with a writtenscheme of investigation submitted by the applicant and approved by the Comhairle.Such schemes must include proposals for the publication of any findings. In some casesa planning agreement may be required to secure mitigation.

In all cases the developer will be required to provide adequate provision for access andobservation and recording by a professional archaeologist of any finds and otherevidence which may be revealed during any ground works. Developers are required toallow adequate time for records to be made by the archaeologist.

Within the Stornoway Archaeologically Sensitive Area, as shown on the DevelopmentStrategy map, developers may be required to carry out an archaeological evaluationprior to the planning application if ground disturbance is part of the development. Theresults of the evaluation will help determine any mitigation required as part of a consent.

12.55 The development does not impact on any nationally scheduled monuments or theirsettings. The Comhairle Archaeology Service has identified unscheduled archaeologyon the site (at 103855E; 896315N) located adjacent to proposed car parking which willserve the 6 semi-detached dwellings.

12.56 Given that the identified feature cannot be preserved in situ, the Archaeology Servicehas recommended a programme of archaeological works to include a full excavation andmitigation strategy. The excavation must be carried out prior to any ground disturbance.

12.57 Given the application of a planning condition to record identified archaeology on site, it isconsidered that the proposal complies with Policy 34 of the OHLDP.

12.58 ASSESSMENT AGAINST THE DEVELOPMENT PLAN

12.59 Having reviewed the provisions of the Development Plan as detailed above, the proposalis considered to accord with the Comhairle’s adopted Development Plan.

MATERIAL PLANNING CONSIDERATIONS13.1 Having carried out an assessment against the Development Plan, the planning authority

requires to identify and consider other relevant material considerations, for and againstthe proposal, and assess whether these considerations warrant a departure from the

Development Plan. The weight to be attached to any relevant material consideration isfor the judgment of the decision-maker.

SCOTTISH PLANNING POLICY13.2 Scottish Planning Policy is a material Planning Consideration. The Introduction to

Scottish Planning Policy (SPP) sets out the ‘Core Principles’ of the planning system, oneof which is that ‘There should be a clear focus on quality outcomes, with due attentiongiven to sustainable use of land, good design and the protection and enhancement of thenatural and built environment.’ The development has been assessed to accord with thenational guidance within the SPP.

DESIGN13.3 Design is a material planning consideration. In addition to compliance with Policy 4 of

the Outer Hebrides Local Development Plan, the development also complies with theprovisions within the adopted non-statutory Outer Hebrides Design Guide.

CONCLUSION14.1. The developer has suitably demonstrated a clearly justified and demonstrated need for

the proposed development in line with provisions within Policy 1 – Development Strategy(Outwith settlement provisions) of the OHLDP. Supplemental information supplied withthe application shows a local need for affordable housing, community facilities, andbusiness/office space, which satisfies Policy 1 of the OHLDP. There is however a needto secure the development outcomes as presented as part of the applicants needs casethrough planning conditions. The sensitivity given to the design, layout, massing, andscale allows the development to acceptably assimilate into the landscape and toconsequently allow for regeneration of the area.

14.2. The proposal has been assessed against the Outer Hebrides Local Development Plan,Scottish Planning Policy, and relevant material considerations. The proposal is incompliance with the above and no relevant material planning considerations carrysufficient weight to propose that the Local Development Plan is not given priority.

14.3. In assessing an application for planning permission, the Comhairle must base itsdecision on the statutory Development Plan unless material considerations indicateotherwise. The Development Plan supports development on appropriate sites, withappropriate design and addressing other matters of policy. Having assessed theproposal against the Development Plan and considered other material planningconsiderations, it is considered that none justify a departure from the Development Plan.

RECOMMENDATION AND REASONS15.1 The application is recommended for approval because it has been assessed against the

relevant policies of Policy 1-Development Strategy, Policy 2-Assessment ofDevelopment, Policy 3-Zero and Low Carbon Buildings, Policy 4-Siting and Design,Policy 5-Landscape, Policy 6-Water and Waste Water, Policy 8-Waste Management,Policy 13-Housing, Policy 14-Caravans and Temporary Buildings, Policy 15-EconomicDevelopment, Policy 26-Transport Infrastructure, Policy 28-Natural Heritage, and Policy34-Archaeology in the Outer Hebrides Local Development Plan, and found to be incompliance with both the settlement strategy and policies. There are no materialconsiderations that indicate that the Plan should not be accorded priority. The proposalis therefore recommended for approval subject to the application of conditions set out inAppendix 1 to the Report.

APPENDIX 1

SCHEDULE OF PROPOSED CONDITIONS

Conditions 1 – 23 pertain to the full scope of the development under exception ofthe two plots for which planning permission in principle is granted.

Conditions 24 – 29 pertain to the two plots for which planning permission inprinciple is granted.

GENERALCondition 1 Unless otherwise agreed with the Comhairle as planning authority, the 4 of the

6 semi-detached dwelling houses shall consist of affordable housing.Reason To ensure the development of the site is in accordance with the provision of a clearly

justified and demonstrated need for the proposed development in compliance withPolicy 1 of the Outer Hebrides Local Development Plan.

Condition 2 No part of the development to which this planning permission relates shallcommence until an affordable housing scheme in compliance with Condition 1has been submitted to and approved in writing by the Comhairle as planningauthority.

Reason To ensure the development of the site is in accordance with the provision of a clearlyjustified and demonstrated need for the proposed development in compliance withPolicy 1 of the Outer Hebrides Local Development Plan.

Condition 3 The use of the office and business spaces within the multi-use communitybuilding shall be limited to Class 2 and Class 4 of the Town and CountryPlanning (Use Classes) (Scotland) Order, 1997 (or any other similar Order).

Reason In the interest of the residential amenity of adjacent housing.

WATER AND DRAINAGECondition 4 Prior to the commencement of the development to which this planning

permission relates, the developer shall submit a final surface water drainagescheme for approval by the Comhairle as planning authority. The surface waterdrainage scheme shall incorporate proposals for oil/chemical interceptors,capable of ensuring clean surface water run-off from car-parking areas.Following approval of the surface water drainage scheme in writing, thedevelopment shall proceed in accordance with the approved details or suchalternative details subsequently approved by the Comhairle as planningauthority.

Reason To ensure satisfactory drainage of the development site, and avoid flooding ofneighbouring land or the public road.

Condition 5 No part of the development to which this planning permission relates shallcommence until a water and wastewater ‘Development Impact Assessment’ hasbeen submitted for approval to the Comhairle as planning authority, inconsultation with Scottish Water. The approved measures identified in theDevelopment Impact Assessment shall be implemented and maintained to thesatisfaction of the Comhairle as planning authority throughout the lifetime ofthe development.

Reason To assess the impact of the development on the existing infrastructure and confirmthe availability of water and wastewater connection.

Condition 6 Throughout the life of the multi-use community building which forms part of thedevelopment to which this planning permission relates, the foul/greywaterdrainage line which serves the kitchen in the multi-use community buildingshall be fitted with a grease separator or other effective means of greaseremoval.

Reason In order to manage discharges in the interests of protecting the land and waterenvironments.

Condition 7 Prior to the commencement of the development to which this planningpermission relates, the developer shall submit details of the design of the foulwater treatment facility. No part of the development shall commence until theComhairle has given its approval in writing. No building to which this planningpermission relates shall be occupied or used until the foul drainage facility hasbeen made fully operational. Such provisions shall be retained throughout thelife of the development unless agreed otherwise in writing with the Comhairle.

Reason To ensure a satisfactory means of foul drainage.

ROADSCondition 8 The multi-use community building and 6 semi-detached dwelling houses to

which this planning permission relate shall not be used until the details shownon the access diagram, ref 13/00048; accompanying this planning permissionhave been implemented. These details shall then be retained throughout thelife of the development to the satisfaction of the Comhairle as planningauthority.

Reason In order to secure the satisfactory development of the site in the interests of roadsafety.

Condition 9 Unless otherwise agreed in writing with the Comhairle as planning authority,the car-parking and caravan parking bays shall be constructed in accordancewith the layout on the approved plans. The access road shall be a minimum of6m wide, surfaced, graded and drained so that throughout the life of thedevelopment, no surface water flows from the access on to the public highway.

Reason In order to secure the satisfactory development of the whole site in the interests ofroad safety.

Condition 10 Unless otherwise agreed in writing with the Comhairle as planning authority,the proposed access serving the 6 dwellinghouses hereby approved shall beconstructed to the Comhairle's specification for adopted roads, prior to use orfist occupation of the dwellinghouses.

Reason In order to comply with Policy 4 of the Supplementary Guidance: Standards for CarParking and Roads Layout and to ensure the satisfactory development of the wholesite.

Condition 11 Prior to first occupation of any of the 6 semi-detached dwelling-houses whichform part of the development to which this planning permission relates, aminimum of two car-parking spaces per house as identified on the approvedSite Plan 02 are to be constructed, paved or surfaced in suitable boundmaterial, drained and marked out to the satisfaction of the Comhairle asplanning authority. The approved parking spaces shall then be retainedthroughout the life of the development.

Reason To ensure adequate provision is made for parking clear of the highway in theinterests of road safety.

Condition 12 Prior to the first use of the multi-use community building which forms part ofthe development to which this planning permission relates, the 42 parkingspaces identified on the approved Site Plan 02 shall be constructed and shallbe surfaced in suitable bound material, drained and marked out to thesatisfaction of the Comhairle as planning authority. The approved parkingspaces shall then be retained throughout the life of the development.

Reason To ensure adequate provision is made for parking clear of the highway in theinterests of road safety.

LANDSCAPING, GROUNDS, AND MATERIALSCondition 13 Throughout the life of the development to which this planning permission

relates there shall be no exposed underbuilding more than 600mm deep on anyof the buildings hereby granted planning permission, unless otherwise agreedin writing by the Comhairle as planning authority.

Reason To reduce the impact of the development in the interests of visual amenity of thearea.

Condition 14 Prior to the fitting of any balustrade or railing to the deck area serving themulti-use community building, the developer shall submit for the writtenapproval of Comhairle as planning authority the design, materials and coloursof any balustrade or railing. The development shall be implemented accordingto agreed details unless otherwise agreed in writing with the Comhairle.

Reason In the interests of visual amenity.

Condition 15 Prior to the commencement of the development to which this planningpermission relates, the developer shall submit for the written approval of theComhairle as planning authority a scheme for the hard and soft landscaping ofthe site together with details of any ‘street furniture’, pathways and bicyclestands and/or bicycle storage. No part of the development to which thisplanning permission relates shall commence until the Comhairle has issuedapproval of the details in writing.

Reason In order to secure the satisfactory development of the site in the interests of the visualamenity of the area and in order to comply with Policy 26 of the Outer Hebrides LocalDevelopment Plan.

TOURING CARAVAN PITCHESCondition 16 Throughout the lifetime of the development to which this planning permission

relates, the 3 touring caravan sites shall not be used by any touring caravan formore than 28 consecutive days in any 60 day period.

Reason The site has been approved as a seasonal caravan site for touring caravans and astay of longer than 28 days would be contrary to the approved use.

OTHERCondition 17 Prior to the commencement of the development of the multi-use community

building which forms part of the development to which this planningpermission relates, the developer shall submit details of the proposed kitchenventilation and extraction systems, (to include noise rating and externalappearance of plant, flues and/or grilles associated with the ventilation andextraction system). No part of the multi-use community building shallcommence until the Comhairle has issued approval of the details in writing.The development shall then be carried out in accordance with the approveddetails.

Reason In order to mitigate the potential impacts of noise from plant and to manage odourfrom kitchen extract systems in the interest of the residential amenity of adjacenthousing and in the interests of the visual amenity of the area.

Condition 18 Prior to the commencement of the development to which this planningpermission relates, a lighting scheme detailing external lighting shall besubmitted for approval to the Comhairle as planning authority. Followingapproval in writing, the approved scheme shall then be implemented andmaintained to the satisfaction of the Comhairle as planning authoritythroughout the lifetime of the development.

Reason In order to ensure a degree of control over the development in the interest of thevisual amenity of the area within the South Lewis, Harris and North Uist NationalScenic Area.

Condition 19 Throughout the lifetime of the development to which this planning permissionrelates, all external lighting and flood-lighting shall be fitted, maintained andoperated so as to prevent external light spilling upwards and outwith theconfines of the site and to comply with the details of the lighting schemeapproved by Condition 18.

Reason In order to ensure a degree of control over the development in the interest of thevisual amenity of the area within the South Lewis, Harris and North Uist NationalScenic Area.

Condition 20 Prior to the commencement of development, details of the design and locationof bin storage and recycling point(s) shall be submitted to the Comhairle forapproval. The approved details shall then be implemented and maintainedthroughout the lifetime of the development.

Reason In order to mitigate the potential impacts of waste in the interest of the residentialamenity of adjacent housing and in the interests of the visual amenity of the area.

Condition 21 Prior to the creation of the play area to which this planning permission relates,details of the layout, specification and materials of the proposed play area shallbe submitted for approval in writing by the Comhairle as planning authority.

Reason In the interest of the visual amenity of the area.

Condition 22 Prior to the commencement of development, Elevation and Floor Plans of theproposed greenhouses and associated shed shall be submitted for approval tothe Comhairle as planning authority. The approved details shall then beimplemented and maintained throughout the lifetime of the development to thesatisfaction of the Comhairle as planning authority.

Reason In order to define the permission and avoid doubt.

Condition 23 Unless otherwise agreed in writing with the Comhairle as planning authority, nodevelopment shall take place until an archaeological mitigation strategy inrelation to the archaeological feature located at 103855E; 896315N, has beensubmitted to, and approved in writing, by the Comhairle as planning authority.The strategy shall include details of the following:

a) Measures to ensure the preservation in situ, or the preservation by record,of archaeological features of identified importance.

b) Methodologies for the recording and recovery of archaeological remainsincluding artefacts and ecofacts.

c) Post-fieldwork methodologies for assessment and analyses.d) Report content and arrangements for dissemination, and publication

proposals.e) Archive preparation and deposition with recognised repositories.f) A timetable of works in relation to the proposed development, including

sufficient notification and allowance of time to ensure that the site work isundertaken and completed in accordance with the strategy.

g) A list of all staff involved in the implementation of the strategy, includingsub-contractors and specialists, their responsibilities and qualifications.

The archaeological mitigation strategy shall be carried out in accordance withthe approved details and timings, subject to any variations agreed in writing bythe Comhairle as planning authority.

A copy of any analysis, reporting, publication or archiving required as part ofthe mitigation strategy shall be deposited at the Western Isles Sites andMonuments Record within 12 months of the date of completion of thedevelopment hereby approved by this permission or such other period as maybe agreed in writing by the Comhairle as planning authority.

Reason In order to mitigate the impacts of the development on the archaeological resource ofthe area, in accordance with Outer Hebrides Local Development Plan Policy 34.

PLANNING PERMISSION IN PRINCIPLE HOUSING PLOTSCondition 24 The development of the two house plots to which this planning permission

relates shall not commence until a design brief in relation to the development ofthe two housing plots has been submitted to and approved by the Comhairle asplanning authority. The design brief to be submitted in accordance with thiscondition shall address: landscaping and boundary treatment, dwellinghousedesign, scale, form, orientation, materials, colours, proportions and detailing.Thereafter the development of each plot shall be in accordance with theapproved design brief.

Reason In order to ensure a degree of control over the development in the interest of thevisual amenity of the area within the South Lewis, Harris and North Uist NationalScenic Area.

Condition 25 The development of each house plot forming part of the development to whichthis planning permission relates shall not commence until the following detailshave been submitted to, and approved by the Comhairle as planning authority:a) the design, and external appearance of the development;b) the siting of the development;c) the method and location of surface water drainage of the site;

d) the siting and specification of the private wastewater facility and outfall.Reason To comply with section 59 of the Town and Country Planning (Scotland) Act 1997.

Condition 26 The development of each house plot forming part of the development to whichthis planning permission relates shall not commence until a Design Statementhas been submitted to the Comhairle as planning authority.

Reason In order to safeguard the character and visual amenity of built development in theSouth Lewis, Harris and North Uist National Scenic Area.

Condition 27 The development of each house plot forming part of the development to whichthis planning permission relates shall not commence until the following detailshave been submitted to, and approved by the Comhairle as planning authority:A cross section of the proposed dwellinghouse detailing existing and proposedground levels of the site in relation to the public road and, if built, in relation tothe floor level of the multi-use community building. The approved levels shallthen be implemented and maintained to the satisfaction of the Comhairle asplanning authority.

Reason To secure the proper development of each plot and the site as a whole in theinterests of visual amenity.

Condition 28 The means of access hereby approved shall be surfaced, graded and drainedso that throughout the life of the development, no surface water flows from theaccess on to common access and vice versa.

Reason In the interests of road safety.

Condition 29 The development of the two housing plots to which this planning permissionrelates shall not commence until the 6 semi-detached dwellings relating to thesame development site are first occupied.

Reason To ensure the development of the site is in accordance with the provision of a clearlyjustified and demonstrated need for the proposed development in compliance withPolicy 1 of the Outer Hebrides Local Development Plan.

APPENDIX 2