Planning and Protective Services Committee - 22 February 2012

1371 

MINUTE of the MEETING of the PLANNING AND PROTECTIVE SERVICES 

COMMITTEE of ORKNEY ISLANDS COUNCIL held in COUNCIL OFFICES, 

KIRKWALL on 22 FEBRUARY 2012 at 10.30am 

Present: 

Clerk to the 

Committee: 

In Attendance: 

Observing: 

Apology: 

Councillors Michael J F Drever, James W R Moar, 

Robin W Crichton, James Foubister, Alistair C Gordon, 

T Stephen Hagan, Robert K Leslie, Roderick R McLeod, 

Graham L Sinclair, James W Stockan and David R Tullock 

David Miller, Committees Officer 

Gavin Barr, Executive Director of Development and Infrastructure 

(for Items 1 to 16 and 24) 

Roddy MacKay, Head of Planning and Regulatory Services 

(for Items 1 to 16) 

Evelyn Mathershaw, Head of Strategic Development and 

Regeneration (for Items 1 to 16 and 24) 

Paul D Maxton, Solicitor 

Alastair Banks, Planning Manager (Development Management) 


Susan Shearer, Senior Planner (Development Planning and 

Regeneration) (for Items 1 to 9) 

Julian Branscombe, Scapa Flow Landscape Partnership Scheme 

Manager (for Items 1 to 9) 

James Green, Planner (Development, Planning and Regeneration) 


Craig MacInnes, Planning Officer (for Items 10 to 23) 

Jamie Macvie, Planning Officer (for Item 15) 

Hazel M M Flett, Senior Committees Officer 

Eileen Summers, Environmental Policy Planner (Development 

Planning and Regeneration) (for Items 1 to 7) 

David Hartley, Communications Adviser (for Items 1 to 7) 

Councillor Allan E Leslie 

Declarations 

of Interest: Councillor Michael J F Drever – Item 15 

Councillor Alistair C Gordon – Item 11 

Councillor David R Tullock – Item 20 

Councillor Michael J F Drever in the Chair 

1 PERFORMANCE MONITORING – 1 APRIL TO 30 SEPTEMBER 2011 

After consideration of a report by the Executive Director of Development and 

Infrastructure, copies of which had been circulated, and after hearing a report from 

the Head of Planning and Regulatory Services, the Committee:-

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NOTED:- 

1.1 the circumstances surrounding performance reporting as a result of changes 

to the cycle of Council meetings and the recent management restructure, as 

detailed in section 5 of the report by the Executive Director of Development 

and Infrastructure; 

1.2 that the next performance reporting period would be 1 January to 31 March 

2012 in order to reflect the new management structure; and 

1.3 the performance of the former Development and Environment Services, 

insofar as it related to the remit of the Committee, for the reporting period 

1 April to 30 September 2011, as set out at section 6 and Annexes 1 and 2 to 

the report by the Executive Director of Development and Infrastructure. 

2 NATIONAL AUDIT REPORT 

MODERNISING THE PLANNING SYSTEM 



the Head of Planning and Regulatory Services, with reference to the Minute of the 

Meeting of the Monitoring and Audit Committee held on 24 November 2011, 

paragraph 3.1, the Committee:- 

NOTED:- 

2.1 that, in September 2011, Audit Scotland issued a report entitled “Modernising 

the Planning System”, attached as Appendix 1 to the report by the Executive 

Director of Development and Infrastructure, which examined whether the 

recent reform and modernisation of the planning system was making it more 

economic, efficient and effective; 

2.2 the key messages and recommendations arising from the National Audit 

report, referred to at paragraph 2.1 above, a summary of which was included 

at section 6 of the report by the Executive Director of Development and 

Infrastructure; and 

2.3 comments on how the key messages and recommendations, referred to at 

paragraph 2.2 above, were being addressed by the Council, as detailed in 

sections 7 and 8 of the report by the Executive Director of Development and 

Infrastructure.

1373 

3 THE ORKNEY LOCAL DEVELOPMENT PLAN MODIFIED PROPOSED PLAN 

AND ACTION PROGRAMME 



the Senior Planner (Development Planning and Regeneration), with reference to the 

Minute of the Special Meeting of the Planning and Protective Services Committee 

held on 19 September 2011, paragraph 1, and the subsequent Minute of the General 

Meeting of the Council held on 4 October 2011, paragraph 13.2.1, the Committee:- 

NOTED:- 

3.1 that, on 4 October 2011, the Council resolved that the detail of the Local 

Nature Conservation Sites and the Local Landscape Areas be removed from 

the Proposed Plan and included as Supplementary Guidance and thereafter 

the Council should undertake a further round of consultation and formal 

notification of a Modified Proposed Plan; 

3.2 that other changes, as detailed at Appendix 3 to the report by the Executive 

Director of Development and Infrastructure, had been made to the Orkney 

Local Development Plan in order that the Modified Proposed Plan was as up 

to date as possible and consistent with all new legislation and national 

planning policy; 

3.3 the Orkney Local Development Plan Modified Proposed Plan, including the 

settlement statements and proposals maps, as detailed at Appendix 1 to the 

report by the Executive Director of Development and Infrastructure; 

3.4 that the Modified Proposed Plan and Proposals Maps, referred to at paragraph 

3.3 above:- 

3.4.1 contained the policies and proposals to direct the use and 

development of land in Orkney for the next five year period and a 20 

year Vision; 

3.4.2 included a new sustainable settlement hierarchy; 

3.4.3 identified land allocations and a settlement boundary for each of the 

settlements in the settlement hierarchy where the principle of 

development would be accepted; and 

3.4.4 identified the spatial extent of certain policies, including natural and 

built heritage designations, core paths, a coastal zone and others 

where specific policy criteria must be addressed to support sustainable 

development and economic growth; 

3.5 that the details and land allocation boundaries relating to Local Nature 

Conservation Sites and the Local Landscape Areas had been removed from 

the Modified Proposed Plan and would be included within Supplementary 

Guidance; and

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3.6 the Action Programme, setting out an implementation strategy for the Plan, as 

detailed at Appendix 2 to the report by the Executive Director of Development 

and Infrastructure, to be published at the same time as the Modified Proposed 

Plan. 

Councillor R W Crichton, seconded by Councillor J W R Moar, moved that (1) the 

Modified Proposed Plan, Proposals Maps and Settlement Statements be approved 

as the settled view of the Council in relation to the land use planning policies and 

proposals for Orkney for the next 5 years and a 20 year vision statement; (2) the 

Modified Proposed Plan should have weight as a material planning consideration 

from the date of publication on 7 May 2012; (3) the Executive Director of 

Development and Infrastructure be authorised to make minor changes, such as 

formatting, to the Modified Proposed Plan, Proposals Maps and Settlement 

Statements prior to public consultation, in order to ensure that the Plan was as up to 

date and accurate as possible at the point of publication; (4) the Modified Proposed 

Plan, Proposals Maps and Settlement Statements should be the subject of public 

consultation for a minimum period of six weeks commencing on 7 May 2012; and 

(5) the Executive Director of Development and Infrastructure should submit a report, 

to a future meeting of the Council, providing details of representations received from 

the consultation, and detailing modifications which the Council may wish to make to 

the Proposed Plan and any unresolved representations which would be subject to 

Examination. 

Councillor R R McLeod, seconded by Councillor J Foubister, moved an amendment 

that consultation on the Modified Proposed Plan be delayed until the Supplementary 

Guidance relating to Local Nature Conservation Sites and the Local Landscape 

Areas could be included with the final Modified Proposed Plan for consultation. 

On a vote being taken 3 members voted for the amendment and 7 for the motion, 

and the Committee:- 

Resolved to RECOMMEND to the Council:- 

3.7 that the Modified Proposed Plan, Proposals Maps and Settlement Statements, 

referred to at paragraph 3.3 above, be approved as the settled view of the 

Council in relation to the land use planning policies and proposals for Orkney 

for the next 5 years and a 20 year vision statement; 

3.8 that the Modified Proposed Plan referred to at paragraph 3.3 above, should 

have weight as a material planning consideration from the date of publication 

on 7 May 2012; 

3.9 that the Executive Director of Development and Infrastructure be authorised to 

make minor changes, such as formatting, to the Modified Proposed Plan, 

Proposals Maps and Settlement Statements prior to public consultation, in 

order to ensure that the Plan was as up to date and accurate as possible at 

the point of publication;

1375 

3.10 that the Modified Proposed Plan, Proposals Maps and Settlement Statements, 

referred to at paragraph 3.3 above, should be the subject of public 

consultation for a minimum period of six weeks commencing on 7 May 2012; 

and 

3.11 that the Executive Director of Development and Infrastructure should submit a 

report, to a future meeting of the Council, providing details of representations 

received from the consultation, referred to at paragraph 3.10 above, and 

detailing modifications which the Council may wish to make to the Proposed 

Plan and any unresolved representations which would be subject to 

Examination. 

4 THE ORKNEY LOCAL DEVELOPMENT PLAN 

DEVELOPMENT PLAN SCHEME 2012 



the Senior Planner (Development Planning and Regeneration), with reference to the 

Minute of the Special General Meeting of the Council held on 8 March 2011, 

paragraph 4, the Committee:- 

NOTED:- 

4.1 that, in terms of Part 2 of the Planning, etc. (Scotland) Act 2006, a review of 

the Development Plan (Structure and Local Plan) commenced with publication 

of the Development Plan Scheme 2009 on 28 April 2009; 

4.2 the requirement to review and publish a Development Plan Scheme on an 

annual basis, as a formal part of the Development Plan review process in 

accordance with the Planning, etc. (Scotland) Act 2006 and the Town and 

Country Planning (Development Planning)(Scotland) Regulations 2008; and 

4.3 the Development Plan Scheme, attached as Appendix 1 to the report by the 

Executive Director of Development and Infrastructure, which set out a 

programme for the ongoing review of the Development Plan during 2012/13, 

and included a Participation Statement which explained how and when 

stakeholders would be involved in the process, and the methods of 

consultation which would be employed. 

The Committee resolved to RECOMMEND to the Council:- 

4.4 that the Development Plan Scheme 2012, as detailed in Appendix 1 to this 

Minute, be approved.

1376 

5 DEVELOPMENT QUALITY WITHIN SETTLEMENTS 

SUPPLEMENTARY GUIDANCE 

After consideration of a joint report by the Chief Executive and the Executive Director 

of Development and Infrastructure, copies of which had been circulated, and after 

hearing a report from the Planner (Development Planning and Regeneration), with 

reference to the Minute of the Meeting of the Planning and Protective Services 

Committee held on 1 June 2011, paragraph 4, the Committee:- 

NOTED:- 

5.1 that public consultation had been undertaken in respect of the draft 

Development Quality Within Settlements Supplementary Guidance; 

5.2 the Participation Statement and Consultation Reports, attached as Appendix 2 

to the joint report by the Chief Executive and the Executive Director of 

Development and Infrastructure, which recorded the steps taken to ensure full 

and proper consultation was undertaken, the comments raised by members of 

the public and stakeholders and the response by the Chief Executive to those 

comments; 

5.3 that the draft Development Quality Within Settlements Supplementary 

Guidance had been amended to respond to material planning matters raised 

through the consultation process, referred to at paragraphs 5.1 and 5.2 above; 

5.4 the revised Development Quality Within Settlements Supplementary Guidance 

attached as Appendix 1 to the joint report by the Chief Executive and the 

Executive Director of Development and Infrastructure; 

5.5 the opportunity to approve the document, referred to at paragraph 5.4 above, 

as Supplementary Planning Guidance in advance of adoption of the new 

Orkney Local Development Plan; 

5.6 that the Orkney Local Development Plan could not be adopted until a further 

stage of consultation on a Modified Proposed Plan and the formal Scottish 

Government Examination process was completed; 

5.7 that, once approved, Supplementary Planning Guidance had status as a 

material consideration of significant weight in planning decision making; and 

5.8 that, following formal adoption of the Orkney Local Development Plan, the 

Executive Director of Development and Infrastructure would submit a report, to 

the next available meeting of the Committee, considering establishment of the 

document, referred to at paragraph 5.4 above, as Statutory Supplementary 

Guidance.

1377 


5.9 that the Development Quality Within Settlements Supplementary Guidance, 

attached as Appendix 2 to this Minute, be approved as Supplementary 

Planning Guidance; 

5.10 that the Supplementary Planning Guidance, referred to at paragraph 5.9 

above, should be used as the primary policy document to inform decision 

making on planning applications for new development within Orkney’s 

Settlements until such time as the Orkney Local Development Plan was 

adopted; and 

5.11 that, further to approval of the Supplementary Planning Guidance, referred to 

at paragraph 5.9 above, the Executive Director of Development and 

Infrastructure should monitor the outcomes of the Supplementary Planning 

Guidance and undertake any further consultation on amendments which may 

be necessary, prior to submitting the report referred to at paragraph 5.8 above. 

6 AFFORDABLE HOUSING 

REVISED DRAFT SUPPLEMENTARY GUIDANCE 



the Planner (Development Planning and Regeneration), with reference to the Minute 

of the Meeting of the Environment, Planning and Protective Services Committee held 

on 29 August 2007, paragraph 11, the Minute of the Special General Meeting of the 

Council held on 8 March 2011, paragraph 3, and the Minute of the Meeting of the 

Social Services and Housing Committee held on 21 February 2012, paragraph 6, the 

Committee:- 

NOTED:- 

6.1 that, although the Council approved a consultative draft Supplementary 

Guidance on Affordable Housing in March 2011, subsequent advice from the 

Scottish Government suggested that Affordable Housing policies should reflect 

the current economic climate and support the economic viability of new 

housing development with little or no public subsidy; 

6.2 the revised draft Supplementary Guidance on Affordable Housing, as detailed 

in Appendix 1 to the report by the Executive Director of Development and 

Infrastructure; and 

6.3 that the revised draft Supplementary Guidance on Affordable Housing, 

referred to at paragraph 6.2 above, was considered by the Social Services and 

Housing Committee on 21 February 2012.

1378 


6.4 that, subject to no adverse comment being received from the Social Services 

and Housing Committee, the revised draft Supplementary Guidance on 

Affordable Housing, referred to at paragraph 6.2 above, be approved for 

consultation. 

7 AQUACULTURE 

DRAFT SUPPLEMENTARY GUIDANCE 



the Senior Planner (Development Planning and Regeneration), the Committee:- 

NOTED:- 

7.1 that Policy C5 Aquaculture of the draft Orkney Local Development Plan 

Modified Proposed Plan established the Council’s settled view on the 

approach that it intended to take in terms of establishing guidance on 

Aquaculture; 

7.2 that the policy, referred to at paragraph 7.1 above, included the commitment to 

establish supplementary guidance on Aquaculture to provide detailed advice 

on meeting the requirements of Policy C5, including the planning authority’s 

approach to fish farm development in specific areas; 

7.3 the draft supplementary guidance in respect of aquaculture, attached as 

Appendix 1 to the report by the Executive Director of Development and 

Infrastructure; 

7.4 that the draft supplementary guidance, referred to at paragraph 7.3 above, 

must be subject to formal public consultation for a period of six weeks, with 

comments to be registered with the Council; 

7.5 that the draft supplementary guidance, referred to at paragraph 7.3 above, 

was a working draft and should not be treated as a material consideration for 

determination of aquaculture planning applications, until it was approved as 

Supplementary Guidance by the Council; and 

7.6 that, following completion of the public consultation, referred to at paragraph 

7.4 above, and subsequent approval by the Council, the Supplementary 

Guidance on Aquaculture would have status as a material planning 

consideration.

1379 


7.7 that the draft Supplementary Guidance on Aquaculture, referred to at 

paragraph 7.3 above, be approved for formal consultation purposes; and 


report, to a future meeting of the Committee, detailing the outcome of the 

consultation exercise, referred to at paragraph 7.7 above, and presenting a 

final version of the Supplementary Guidance on Aquaculture for consideration. 

Councillor T S Hagan joined the meeting and Councillor D R Tullock left the meeting 

during discussion of this item. 

8 EASTBRAE, STROMNESS DEVELOPMENT BRIEF 



the Senior Planner (Development Planning and Regeneration), the Committee:- 

NOTED:- 

8.1 that the Orkney Local Development Plan Modified Proposed Plan identified 

land at Wardhill Road, Stromness, as development site STR-L, to be known 

for the purpose of the Development Brief as Eastbrae, Stromness; 

8.2 that the land at Eastbrae, Stromness, was located within the settlement 

boundary of Stromness and had been allocated as a Low Density Housing 

Area; 

8.3 the draft Eastbrae, Stromness Development Brief, attached as Appendix 1 to 

the report by the Executive Director of Development and Infrastructure; 

8.4 that the draft Development Brief, referred to at paragraph 8.3 above, must now 

be subject to formal public consultation for a period of six weeks, with 

comments to be registered with the Council; and 

8.5 that, following completion of the public consultation, referred to at paragraph 

8.4 above, and subsequent approval by the Council, the Eastbrae, Stromness 

Development Brief would have status as a material planning consideration. 


8.6 that the draft Eastbrae, Stromness Development Brief, referred to at 

paragraph 8.3 above, be approved for formal consultation purposes; and 


report, to a future meeting of the Committee, detailing the outcome of the 

consultation exercise, referred to at paragraph 8.6 above, and presenting a 

final draft Eastbrae, Stromness Development Brief for adoption by the Council 

as Supplementary Planning Guidance.

1380 

9 HAPPY VALLEY, STENNESS 

PROPOSED DESIGNATION AS LOCAL NATURE RESERVE 



the Scapa Flow Landscape Partnership Scheme Manager, the Committee:- 

NOTED:- 

9.1 the aim of one of the projects within the Scapa Flow Landscape Partnership 

Scheme (SFLPS), as follows:- 

“A new Local Nature Reserve will be identified, designated and managed by a 

local community within the Scapa Flow area”; 

9.2 that the SFLPS had been unable to identify a suitable area of land within the 

original SFLPS boundary, for designation as a Local Nature Reserve; 

9.3 that land in the ownership of the Council at Happy Valley, Stenness, although 

outwith the original geographic scope of the SFLPS, had been identified as 

meeting the criteria for designation as a Local Nature Reserve; and 

9.4 that, as the land at Happy Valley, Stenness, was already being promoted for 

public access, and was under appropriate management, there would be no 

increased budgetary pressure as a result of a statutory designation as Local 

Nature Reserve. 


9.5 that Happy Valley, Stenness, be declared a Local Nature Reserve; and 

9.6 that the Executive Director of Development and Infrastructure, in consultation 

with the Solicitor to the Council, be authorised to undertake the statutory 

process regarding declaration of Happy Valley, Stenness, as a Local Nature 

Reserve. 

10 PLANNING APPLICATION 11/450/PP 

PROPOSED ERECTION OF TEN HOUSES AT PEERIE SEA LOAN, 

KIRKWALL 

Stephen Kemp representing the applicant, Orkney Builders (Contractors) Limited, 

was present during discussion of this item. 



Craig MacInnes, Planning Officer, the Committee:- 

RESOLVED, in terms of delegated powers, that consent be granted in respect of 

the proposed erection of ten houses, with associated roads, parking, landscaping 

and boundary treatments, at Peerie Sea Loan, Kirkwall, subject to the conditions 

listed in Appendix 3 to this Minute.

1381 

11 PLANNING APPLICATION 11/623/TPP 

PROPOSED ERECTION OF WIND TURBINE AT BURNESS, FIRTH 

Councillor A C Gordon declared a non-financial interest in this item, in that the 

applicant was known to him, and was not present during discussion thereof. 

Grahame Wilson, objector, was present during discussion of this item. 



Craig MacInnes, Planning Officer, and representations from Grahame Wilson, 

objector, the Committee:- 

NOTED:- 

11.1 that a letter of objection had been received from Grahame Wilson and Angela 

Dougherty, South Wald, Wald Road, Firth. 

Councillor J Foubister, seconded by Councillor R R McLeod, moved that 

consideration of the application be deferred to enable members of the Committee to 

undertake a site visit. 

Councillor R W Crichton moved an amendment that the application be refused, as 

the proposed development was contrary to Local Plan Policies DC3 and DC4, in that 

the proposed development would impinge on landscape and visual impact. 

On receiving no seconder his amendment fell, and the Committee:- 

RESOLVED, in terms of delegated powers:- 

11.2 that consideration of the application to erect a wind turbine at Burness, Firth, 

be deferred to enable members of the Committee to undertake a site visit. 


PROPOSED ERECTION OF WIND TURBINE AT LINGOE COTTAGE, 

ORPHIR 





the Planning Manager (Development Management), and representations from 

Stephen Kemp, on behalf of the applicant, Orkney Builders (Contractors) Limited, the 

Committee:-

1382 

NOTED:- 

12.1 that letters of objection had been received from the following:- 

12.1.1 Kathy Bichan, Buxa Farm Chalets, Westrow Lodge, Orphir; 

12.1.2 Hilary and Ian Thomson, 133 Haliburton Road, Twickenham; 

12.1.3 Caroline and Kevin Critchlow, The Quoy of Houton, Orphir; 

12.1.4 Denise Moore, Coubister, Orphir; and 

12.1.5 Donald Husband, Upper Fleck, Houton, Orphir; and 

12.2 that the Clerk read out a statement on behalf of the objector, Hilary Thomson, 

133 Haliburton Road, Twickenham, owner of Breck, Orphir. 

On the motion of Councillor R R McLeod, seconded by Councillor R K Leslie, the 

Committee RESOLVED, in terms of delegated powers:- 

12.3 that consent be granted in respect of the proposed erection of a wind turbine 

at Lingeo Cottage, Orphir, subject to the conditions listed in Appendix 4 to this 

Minute. 


PROPOSED ERECTION OF WIND TURBINE AT LINGOE COTTAGE, 

ORPHIR 





the Planning Manager (Development Management), and representations from 

Stephen Kemp, on behalf of the applicant, Orkney Builders (Contractors) Limited, the 


NOTED:- 





13.1.4 Denise Moore, Coubister, Orphir; and 

13.1.5 Donald Husband, Upper Fleck, Houton, Orphir; and 



Councillor R R McLeod, seconded by Councillor R K Leslie, moved that consent be 

granted in respect of the proposed erection of a wind turbine at Lingeo Cottage, 

Orphir, subject to conditions as proposed by officers.

1383 

Councillor R W Crichton, seconded by Councillor J W Stockan, moved an 

amendment that the application be refused, as the proposed development was 

contrary to Local Plan Policies DC3 and DC4, in that the proposed development 

would impinge on landscape and visual impact. 




13.3 that consent be granted in respect of the proposed erection of a wind turbine 

at Lingeo Cottage, Orphir, subject to the conditions listed in Appendix 5 to this 

Minute. 


PROPOSED CHANGE OF USE FROM ENTERTAINMENT BUILDING TO 

STORAGE WAREHOUSE AT UNIT 1, GREAT WESTERN ROAD, KIRKWALL 

Clive Horton, objector, was present during discussion of this item. 



Craig MacInnes, Planning Officer, and representations from Clive Horton, objector, 

the Committee:- 

NOTED:- 

14.1 that a letter of objection had been received from Clive Horton, Glenacres, 

Quoyloo, Stromness. 

On the motion of Councillor A C Gordon, seconded by Councillor R W Crichton, the 


14.2 that consent be granted in respect of the proposed change of use from an 

entertainment building to a storage warehouse at the former Powerbowl 

building, Unit 1, Great Western Road, Kirkwall, subject to the conditions listed 

in Appendix 6 to this Minute. 

15 PLANNING APPLICATIONS 11/685/PP AND 11/686/LB 

PROPOSED ALTERATION TO AND EXTENSION OF EXISTING BUILDING 

TO PROVIDE 12 FLATS AT 31 ALBERT STREET, KIRKWALL 

Councillor M J F Drever declared a non-financial interest in this item, in that one of 

the objectors was known to him, and was not present during discussion thereof. 

Signed: Michael Drever 

Councillor J W R Moar took the Chair for this item.

1384 

Neil Stevenson, applicant, Stephen Omand, agent for the applicant, and Colin King, 

objector, were present during discussion of this item. 



Jamie Macvie, Planning Officer, and representations from Colin King, objector, the 


NOTED:- 


15.1.1 Colin King, 9 Allan Street, Aberdeen; and 

15.1.2 Inga Thomson, Reid Marine Ltd, 27-29 Albert Street, Kirkwall. 

On the motion of Councillor J W Stockan, seconded by Councillor A C Gordon, the 


15.2 that consent be granted in respect of proposed alterations to, and extension 

of, an existing building to provide 12 flats, together with demolition of an 

existing store and erection of a replacement store, at 31 Albert Street, Kirkwall, 

subject to the conditions listed in Appendix 7 to this Minute; and 

15.3 that listed building consent be granted in respect of proposed alterations to, 

and extension of, an existing building to provide 12 flats, together with 

demolition of an existing store and erection of a replacement store, at 31 

Albert Street, Kirkwall, subject to the conditions listed in Appendix 8 to this 

Minute. 

Signed: J Moar 

Councillor D R Tullock rejoined the meeting at this point. 


PROPOSED ERECTION OF WIND TURBINE AT HERSTON HEAD, 

SOUTH RONALDSAY 

Andrew Cromarty, applicant, and John McCutcheon and Simon Dalby Ball, objectors, 

were present during discussion of this item. 



Craig MacInnes, Planning Officer, representations from Simon Dalby Ball, on behalf 

of the objectors, and representations from Andrew Cromarty, applicant, the 

Committee:-

1385 

NOTED:- 


16.1.1 R Copper, The Orkney Hoose, Herston, South Ronaldsay; 

16.1.2 Julia Unwin, Tofts, Herston Village, St Margaret’s Hope; 

16.1.3 P and C J Haigh, Lyra House, Herston, South Ronaldsay; 

16.1.4 David Musson, New House, Herston, St Margaret’s Hope; 

16.1.5 J A McCutcheon, Bayview, Herston, South Ronaldsay; 

16.1.6 Mr and Mrs S Scott, Quoys of Herston, Herston, South Ronaldsay; 

16.1.7 Simon and Jill Dalby Ball, Mucklejocks, Herston, South Ronaldsay; 

16.1.8 Anthony J Robson, Windward, Herston, South Ronaldsay; 

16.1.9 Dagmar Sitte, Roeberry House, St Margaret’s Hope, South 

Ronaldsay; 

16.1.10 Hilary Thompson, Ancroft, Herston, St Margaret’s Hope; 

16.1.11 Wyn and Ian Cooper, Monsalvat, Herston, South Ronaldsay; 

16.1.12 Jill Lamont, Knowe of Quindry, St Margaret’s Hope, South 

Ronaldsay; 

16.1.13 Tony Whenman, Banks, Herston, South Ronaldsay; 

16.1.14 Sue Palmer, Rosmyre, Herston; and 

16.1.15 G M and S B Grant, Quoygreen, Herston, South Ronaldsay. 

Councillor J Foubister, seconded by Councillor R W Crichton, moved that 


undertake a site visit. 

Councillor R R McLeod, seconded by Councillor T S Hagan, moved an amendment 

that consent be granted in respect of the proposed erection of a wind turbine, 

anemometer met mast, switchgear kiosk and associated access track at Herston 

Head, South Ronaldsay, subject to conditions as proposed by officers. 




16.2 that consent be granted in respect of the proposed erection of a wind turbine, 

anemometer met mast, switchgear kiosk and associated access track at 

Herston Head, South Ronaldsay, subject to the conditions listed in Appendix 9 

to this Minute.

1386 


PROPOSED CHANGE OF USE FROM CARE FACILITY TO EDUCATION 

BUILDING AT SCARVA TAING, FINSTOWN 



the Planning Manager (Development Management), the Committee:- 


the proposed change of use from a care facility to an education building at Scarva 

Taing, Finstown, subject to the conditions listed in Appendix 10 to this Minute. 

18 PLANNING APPLICATION 11/731/PIP 

PROPOSED SITING OF THREE HOUSES AT 35 HILLSIDE ROAD, 

STROMNESS 

Maureen Kemp, applicant, and Colin Kemp, representing the applicant, were present 

during discussion of this item. 



Craig MacInnes, Planning Officer, the Committee:- 

NOTED:- 


18.1.1 David and Linda Walker, 33 Hillside Road, Stromness; and 

18.1.2 Douglas and Elfrida Scott, Norkister, Wardhill Road, Stromness. 

The Committee RESOLVED, in terms of delegated powers:- 

18.2 that consent be granted in respect of the proposed siting of three houses at 

35 Hillside Road, Stromness, subject to the conditions listed in Appendix 11 to 

this Minute. 


PROPOSED ERECTION OF WIND TURBINE AT SMOGEN, ORPHIR 




NOTED:- 

19.1 that a letter of objection had been received from Donald Husband, Upper 

Fleck, Houton, Orphir; and 

19.2 that representations had been received from Brian Thomson, Primrose Bank, 

Orphir.

1387 

Councillor R R McLeod, seconded by Councillor A C Gordon, moved that 


undertake a site visit and to enable officers to obtain confirmation from Marine 

Services that the proposed development would have no adverse impact on the 

proposed radar site at Hill of Midland, Orphir. 

Councillor R W Crichton, seconded by Councillor R K Leslie, moved an amendment 

that, subject to confirmation from Marine Services that the proposed development 

would have no adverse impact on the proposed radar site at Hill of Midland, Orphir, 

powers be delegated to the Executive Director of Development and Infrastructure to 

issue consent for the proposed erection of a wind turbine at Smogen, Orphir, subject 

to conditions as proposed by officers. 




19.3 that, subject to confirmation from Marine Services that the proposed 

development would have no adverse impact on the proposed radar site at Hill 

of Midland, Orphir, powers be delegated to the Executive Director of 

Development and Infrastructure to issue consent for the proposed erection of 

a wind turbine at Smogen, Orphir, subject to the conditions listed in Appendix 

12 to this Minute. 


PROPOSED ERECTION OF WIND TURBINE AT HOUTON HEAD, ORPHIR 

Councillor D R Tullock declared a non-financial interest in this item, in that two of the 

objectors were known to him, and was not present during discussion thereof. 

Graham Henry, applicant, and Jeanie Husband, Mike Grainger and John Shearer, 

objectors, were present during discussion of this item. 



the Planning Manager (Development Management), representations from Jeanie 

Husband and Mike Grainger, on behalf of the objectors, and representations from 

Graham Henry, applicant, the Committee:- 

NOTED:- 





20.1.4 Donald Husband, Upper Fleck, Houton, Orphir; 

20.1.5 Christopher Macrae, Westrow, Orphir; 

20.1.6 Brian Thomson, Primrose Bank, Houton, Orphir; 

20.1.7 Graeme Brown, Bring Deeps, Orphir;

1388 

20.1.8 M Grainger, Ardeonaig, Houton, Orphir; 

20.1.9 Alan Clouston, Schoolhouse, Orphir; 

20.1.10 Caroline Beaton, Holmlea, Houton, Orphir; 

20.1.11 Angela Crabtree, Quoylea, Houton, Orphir; 

20.1.12 Bashir Hasham, Tanmaur, Orphir; 

20.1.13 Stephen McEwan, Breck, Petertown, Orphir; 

20.1.14 Denise Moore, Coubister, Orphir; 

20.1.15 J P Shearer, Cullya-Quoy, Houton, Orphir; 

20.1.16 G Schafers, Dalsteven, Orphir; and 

20.1.17 Lynda Baird, Houton Bay Lodge, Houton; and 



Councillor A C Gordon, seconded by Councillor R R McLeod, moved that the 

application be refused. 

Councillor J W R Moar, seconded by Councillor G L Sinclair, moved an amendment 

that consideration of the application be deferred to enable members of the 

Committee to undertake a site visit. 




20.3 that the application for the proposed erection of a wind turbine at Houton 

Head, Orphir, be refused, for the reasons set out in Appendix 13 to this 

Minute. 


PROPOSED RELOCATION OF EXISTING EQUESTRIAN/LIVERY BUSINESS 

AND ERECTION OF DWELLING HOUSE FOR RURAL BUSINESS AT 

TUFTA, HARRAY 

Diane Walker, applicant, and Stephen Omand, agent representing the applicant, 




the Planning Manager (Development Management) and representations from 

Stephen Omand, agent representing the applicant, the Committee:- 

NOTED:- 


21.1.1 Michael Moar, Tufta, Harray; and 

21.1.2 B Scott and T Lamont, Bron Queena, Bimbister Road, Harray; and

1389 

21.2 that the Clerk read out statements on behalf of the following objectors:- 

21.2.1 Michael Moar, Tufta, Harray; and 

21.2.2 B Scott and T Lamont, Bron Queena, Bimbister Road, Harray. 

On the motion of Councillor J Foubister, seconded by Councillor R K Leslie, the 


21.3 that consent be granted in respect of the proposed relocation of an existing 

equestrian/livery business and erection of a dwelling house with air source 

heat pump for a rural business at Tufta, Harray, subject to the conditions listed 

in Appendix 14 to this Minute. 

22 PLANNING APPLICATION 11/738/PP 

PROPOSED CHANGE OF USE FROM AGRICULTURAL TO 

EQUESTRIAN/LIVERY BUSINESS AT TUFTA, HARRAY 

Diane Walker, applicant, and Stephen Omand, agent representing the applicant, 




the Planning Manager (Development Management) and representations from 

Stephen Omand, agent representing the applicant, the Committee:- 

NOTED:- 

22.1 that a letter of objection had been received from Michael Moar, Tufta, Harray; 

and 

22.2 that the Clerk read out a statement on behalf of the objector, Michael Moar, 

Tufta, Harray. 

On the motion of Councillor J Foubister, seconded by Councillor R K Leslie, the 


22.3 that consent be granted in respect of the proposed change of use of land from 

agricultural to an equestrian/livery business, including a cross country course, 

at Tufta, Harray, subject to the conditions listed in Appendix 15 to this Minute.

1390 


PROPOSED ERECTION OF INDUSTRIAL BUILDING AT SITE G12, 

GARSON INDUSTRIAL ESTATE, STROMNESS 





the proposed erection of an industrial building with associated siteworks and services 

at Site G12, Garson Industrial Estate, Stromness, subject to the conditions listed in 

Appendix 16 to this Minute. 

24 TOWN AND COUNTRY IMPROVEMENTS 

REVENUE BUDGET 2012/13 

RESOLVED, on the motion of Councillor M J F Drever, seconded by Councillor 

J W R Moar, that, under section 50A(4) of the Local Government (Scotland) Act 

1973, the public should be excluded from the meeting for this item on the grounds 

that it involved the likely disclosure of exempt information as defined in paragraphs 1 

and 11 of Part I of Schedule 7A of the Act. 



the Head of Strategic Development and Regeneration, with reference to the Minute 

of the Meeting of the Planning and Protective Services Committee held on 1 June 

2011, paragraph 3, the Committee:- 

NOTED:- 

24.1 that utilisation of the Town and Country Improvements Revenue Budget was 

focussed on the core path network and projects where external funding, 

resources or support from partners provided significant additional leverage 

from allocated funds; 

24.2 the proposed spending areas and approach, in respect of the Town and 

Country Improvements revenue budget, for financial year 2012/13, as detailed 

at section 6 of the report by the Executive Director of Development and 

Infrastructure; 

24.3 concerns regarding the life expectancy of path surfaces and furniture provided 

by the Council during the past 10 to 15 years; and 

24.4 that the Council had no formal system of routine inspections or maintenance of 

paths and furniture, relying on ad hoc inspections and reports from members 

of the public.

1391 


24.5 that expenditure in respect of the Town and Country Improvements Revenue 

Budget for financial year 2012/13, as detailed in Appendix 17 to this Minute, 

be approved; 

24.6 that a short term Member/Officer Working Group be established to consider a 

policy for routine inspection and maintenance of paths and furniture, referred 

to at paragraphs 24.3 and 24.4 above; 


report, to the meeting of the relevant Committee to be held in November 2012, 

outlining the deliberations of the working group, referred to at paragraph 24.6 

above, together with a proposed policy; and 


report, to the next meeting of the relevant Committee, outlining the proposed 

capital budget in respect of Town and Country Improvements supporting a 

number of new projects. 

25 CONCLUSION OF MEETING 

At 3.50pm the Chair declared the meeting concluded. 

Signed: Michael Drever

1423 

Proposed Erection of Ten Houses, with associated Roads, Parking, 

Landscaping and Boundary Treatments, at Peerie Sea Loan, Kirkwall 

(11/450/PP) 

Appendix 3 

GRANT subject to the following conditions: 

01. The development hereby permitted shall be started within three years of the 

date of this permission. 

Reason: To accord with the provisions of the Town and Country Planning 

(Scotland) Act 1997 (As Amended). 

02. Before development starts, full details and/or samples of the facing materials 

to be used on all external walls and roofs shall be submitted to, and approved 

in writing by, the Planning Authority. 

Reason: These details have not been submitted. 

03. Prior to any works commencing on site, a detailed construction phasing 

scheme shall be submitted to, and approved in writing by, the Planning 

Authority. Thereafter all works shall be carried out in accordance with the 

agreed scheme unless otherwise agreed in writing by the Planning Authority. 

Reason: To ensure that the development is progressed in a co-ordinated 

manner. 

04. Before any development of the site commences, a scheme of landscaping 

shall be submitted to, and approved in writing by, the Planning Authority. The 

scheme shall include:- 

(a) 

(b) 

(c) 

details of any earth moulding and hard landscaping, grass seeding and 

turfing, 

a scheme of tree and shrub planting, incorporating details of the 

number, variety and size of trees and shrubs to be planted, and 

details of the phasing of these works. 

Reason: In the interests of the visual amenity of the area. 

05. Prior to occupation of the last dwellinghouses within the development hereby 

permitted, all planting, seeding, turfing and earth moulding included in the 

scheme of landscaping and planting, approved under the terms of condition 4 

above, shall be completed; and any trees, shrubs, or areas of grass which die, 

are removed, or become damaged or diseased within one year of completion 

of the development, shall be replaced in the next planting season with others 

of a similar size and species. 

Reason: In the interests of amenity.

1424 

06. Hours of construction work on site involving the use of machinery and 

powered tools, or any other operation, for example hammering, that would 

generate noise audible beyond the boundary of the site, shall only take place 

between the hours of 7.30am and 7pm Mondays to Fridays, 9am to 5pm on 

Saturdays and not at all on Sundays or the Christmas and New Year bank 

holidays unless otherwise agreed, in writing, with the Planning Authority. 

Reason: To reduce disturbance to residents 

07. Full details of the surfacing of all roads, footpaths and parking areas shall be 

submitted to, and agreed in writing by, the Planning Authority in conjunction 

with Roads Services. Thereafter the development shall be implemented in 

accordance with the approved details unless otherwise agreed in writing by 

the Planning Authority. 

Reason: In the interest of the visual quality of the area. 

08. Prior to occupation of any of the dwellinghouses hereby permitted, the 

sustainable drainage scheme (SuDS) submitted as part of this application 

shall be completed to the satisfaction of the Planning Authority. The elements 

that make up the drainage system shall thereafter be maintained to a standard 

suitable to enable them to carry out their function. 

Reason: To ensure implementation of a suitable drainage scheme in 

accordance with policy LP/U4 of the Orkney Local Plan 2004. 

09. No activities including construction works, lay down, material storage, parking 

etc shall be permitted in the buffer zone identified on the approved plans 

around the Pickaquoy Mound without the express written consent of the 

Planning Authority. 

Reason: In the interests of protecting archaeology. 

10. Prior to any works commencing on site, a scheme shall be submitted to the 

Planning Authority for approval indicating how the developer intends to provide 

affordable housing units either on this site, or on another site so as to ensure 

that 25% of the development hereby approved is provided as affordable 

housing, or a suitable alternative method of delivery is secured, to the 

satisfaction of the Planning Authority. 

Reason: To ensure suitable provision of affordable housing. 

11. Prior to any development works commencing on site, a scheme, detailing how 

at least 10% of the carbon emissions reduction standard set by Scottish 

Building Standards will be met through installation and operation of zerocarbon 

generating technologies to serve this development, shall be submitted 

to, and approved in writing by, the Planning Authority. The approved scheme 

shall then be implemented prior to the first use of the development unless 

otherwise agreed in writing by the Planning Authority. 

Reason: In the interests of environmental protection.

1425 

Appendix 4 

Proposed Erection of Wind Turbine at Lingoe Cottage, Orphir (11/637/TPP) 





(Scotland) Act 1997 as amended. 

02. The colours of the wind turbine hereby approved shall be silver/metallic for the 

tower and either silver/metallic or white for the nacelle and blades, unless 


Reason: To minimise the visual impact of the development and to protect the 

visual amenity of the area. 

03. Throughout the lifetime of the development, noise generated by the wind 

turbines hereby permitted, shall not exceed 35dB(A) L90, 10 min at wind 

speeds not exceeding 10 m/s as measured not less than 10m from the façade 

of the nearest noise sensitive property. Measurements shall be made in 

accordance with the guidance in the supplementary guidance notes to the 

planning obligation, chapter 8 of the publication “The Assessment and Rating 

of Noise from Wind Farms (ETSU-R-97, Department of Trade and Industry, 

September 1996). 

Reason: To protect the residents of nearby residential properties from 

disturbance as a result of noise generated during operation of the 

development. 

04. Should any complaints be received in respect of noise levels, the developer 

shall fully investigate these complaints and, to establish noise levels at any 

affected property, shall undertake noise monitoring which shall be carried out 

by a suitably qualified noise expert or consultancy previously agreed in writing 

by the Planning Authority and which shall be carried out by the method 

statement stated in section 2.0 “Procedure to be followed in the event of a 

complaint” page 102 of the publication “The Assessment and Rating of Noise 

from Wind Farms”(ETSU-R-97, Department of Trade and Industry, September 

1996). 



development.

1426 

05. Should any noise monitoring undertaken in accordance with condition 4 above 

demonstrate that the noise thresholds in condition 3 are being exceeded, the 

developer shall submit a scheme of mitigating measures to the Planning 

Authority for written agreement within three months of the breach being 

identified. The agreed mitigating measures shall be implemented within three 

months of the written agreement or within any alternative timescale agreed in 

writing by the Planning Authority and thereafter retained throughout the life of 

the development unless otherwise agreed in writing by the Planning Authority. 



development. 

06. Where noise measurements are carried out in accordance with condition 5 

above, the assessment of measured noise emission levels should be 

referenced to derived (not measured) 10m height above ground level wind 

speeds. The article “Prediction and assessment of wind turbine noise” from the 

Institute of Acoustics bulletin April 2009 Vol. 34 should be referred to in regard 

to this matter. 

Reason: For avoidance of doubt regarding a technical matter and to follow 

recognised current good practice. 

07. Should any complaints be received in respect of disruption to Radio/TV 

reception the developer shall fully investigate these complaints and provide a 

satisfactory solution within a timescale specified in writing by the Planning 

Authority, details of which shall be submitted to the Planning Authority for 

approval. The approved details shall thereafter be implemented in accordance 

with the terms specified by the Planning Authority and retained throughout the 

life of the development unless otherwise agreed in writing by the Planning 

Authority. 


unacceptable levels of disruption to Radio/TV reception. 

08. If the wind turbine hereby approved is not operational and producing energy 

for a period of one year, then the wind turbine, foundation and any other 

associated equipment shall be removed and the site restored to its previous 

condition and use, to the satisfaction of the Planning Authority. 

Reason: To protect the visual amenity of the area.

1427 

09. Prior to commencement of any works on the hereby approved development 

confirmation of the date construction starts and ends, the maximum height of 

construction equipment and the latitude and longitude of the turbine shall be 

sent to the Defence Estates at the following address: 

DE Operations North 

Safeguarding Wind Energy 

Kingston Road, 

Sutton Coldfield, 

B75 7RL 

Reason: As the information is required to be plotted on flying charts for military 

aircraft.

1428 

Appendix 5 

Proposed Erection of Wind Turbine at Lingoe Cottage, Orphir (11/638/TPP) 






02. The colours of the wind turbine hereby approved shall be silver/metallic for the 

tower and either silver/metallic or white for the nacelle and blades, unless 









planning obligation, chapter 8 of the publication “The Assessment and Rating 





development. 









1996). 



development.

1429 











development. 
















Authority. 








1430 









B75 7RL 


aircraft.

1431 

Appendix 6 

Proposed Change of Use from Entertainment Building to Storage Warehouse at 

former Powerbowl Building, Unit 1, Great Western Road, Kirkwall (11/680/PP) 

GRANT subject to the following condition: 

01 The development hereby permitted shall be started within three years of the 



(Scotland) Act 1997 as amended.

1432 

Appendix 7 

Proposed Alterations to, and Extension of, Existing Building to provide 

12 Flats, Demolition of Existing Store and Erection of Replacement Store at 

31 Albert Street, Kirkwall (11/685/PP) 


01. The development hereby approved shall be started within three years of the 


Reason: To accord with the Town & Country Planning Act, 1997 (as 

amended). 

02. The entire roof of the traditionally-constructed part of the building, above the 

main shop front, shall be finished with Welsh slates, with buff fireclay ridge 

tiles, unless otherwise agreed in writing by the Planning Authority. 

Reason: To protect the special interest of the listed building, and character 

and appearance of the conservation area. 

03. The Scottish slates on the rear roof plane of the traditionally-constructed part 

of the building, above the main shop front shall be removed individually by 

hand. Thereafter, these Scottish slates shall be stored within the application 

site using a method of storage that does not cause damage to the slates, until 

such time that an alternative use for, or disposal of, the slates is agreed in 

writing by the Planning Authority. 

Reason: To protect the limited resource of traditional, Scottish roofing slates 

from damage or loss and the ability for their future re-use, and therefore to 

assist the ongoing protection of the character and appearance of the 

conservation area. 

04. Skylights in the roof of the traditionally-constructed part of the building, above 

the main shop front, shall be conservation specification, constructed of metal, 

painted in colour black, have a top-hinged opening mechanism, and sit flush 

with the roof slates, unless otherwise agreed in writing by the Planning 

Authority. 



05. All rainwater goods attached to the traditionally-constructed part of the 

building, above the main shop front, shall be cast iron or cast aluminium of a 

traditional profile, with a painted finish in colour black, unless otherwise agreed 

in writing by the Planning Authority. 


and appearance of the conservation area.

1433 

06. The entire roof of the rear, post-war part of the building shall be finished with 

natural slates, with buff fireclay ridge tiles. Prior to commencement of 

development, full details of these natural slates shall be submitted to, and 

agreed in writing by, the Planning Authority. Thereafter, the roof shall be 

finished in accordance with these agreed details, unless otherwise agreed in 


Reason: To protect the character and appearance of the conservation area. 

07. The ground floor level of the external walls of the rear, post-war part of the 

building shall be finished with a smooth render and, with the exception of the 

stairwells, all other upper external walls of the rear, post-war part of the 

building shall be finished with a wet harl, unless otherwise agreed in writing by 



08. All external walls of both timber-clad stairwells shall be finished with verticallyclad 

larch boarding, left to weather naturally, and not altered in colour by the 

application of paint or stain, unless otherwise agreed in writing by the Planning 

Authority. 


09. All rainwater goods and drainage and vent pipes attached to the rear, post-war 

part of the building shall be metal, with a painted finish in colour black, unless 



10. All windows and doors in the rear, post-war part of the building shall be 

constructed of timber, and shall have a painted finish in colour black. All 

windows in the south-west elevation shall be fixed pane only, and opening 

windows in other elevations shall be side-hinged only, unless otherwise 

agreed in writing by the Planning Authority. Full specification and technical 

details of all windows and doors shall be submitted to, and agreed in writing 

by, the Planning Authority. No windows or doors shall be installed in the 

building until these details have been agreed in writing by the Planning 

Authority. Thereafter the doors and windows shall be installed in accordance 

with the approved details. 

Reason: To protect the character and appearance of the conservation area.

1434 

11. The existing car parking area shall be laid out entirely in accordance with the 

details included in the drawing ‘Car Parking, Access & Bin Storage’ hereby 

approved, including marked car parking bays and bin storage area and 

enclosure, prior to any part of the development being brought into an approved 

use. Thereafter, and throughout the lifetime of the development, bins shall be 

stored in the designated ‘bin storage’ area only, and no bins, trolleys or other 

delivery or other ancillary equipment shall be stored within the existing car 

parking area, unless otherwise agreed in writing by the Planning Authority. 

Reason: To protect the amenity of the area. 

12. Hours of construction work on site involving the use of machinery and power 

tools, or any other operation that would generate noise audible beyond the 

boundary of the site, for example hammering, shall take place between the 

hours of 7.30am to 7pm Mondays to Fridays, and 9am to 5pm Saturdays only, 

and not at all on Sundays or the Christmas and New Year public holidays, 

unless otherwise agreed in writing by the Planning Authority. 

Reason: To protect occupiers of neighbouring properties from excessive noise 

and disturbance. 

13. Throughout the lifetime of the development and within the existing car parking 

area, vehicle deliveries to the shop and HGV movements shall be restricted to 

the hours of 7.30am to 6pm Mondays to Fridays, 8.30am to 6pm Saturdays, 

and 10am to 6pm Sundays only, and not at all on the Christmas and New Year 

public holidays, unless otherwise agreed in writing by the Planning Authority. 

Reason: To protect occupiers of neighbouring properties from excessive noise 

and disturbance.

1435 

Appendix 8 

Proposed Alterations to, and Extension of, Existing Building to provide 

12 Flats, Demolition of Existing Store and Erection of Replacement Store at 

31 Albert Street, Kirkwall (11/686/LB) 


01. The development hereby approved shall be started within three years of the 


Reason: To accord with the provisions of the Planning (Listed Buildings and 

Conservation Areas) (Scotland) Act 1997. 

02. The entire roof of the traditionally-constructed part of the building, above the 

main shop front, shall be finished with Welsh slates, with buff fireclay ridge 

tiles, unless otherwise agreed in writing by the Planning Authority. 



03. The Scottish slates on the rear roof plane of the traditionally-constructed part 

of the building, above the main shop front shall be removed individually by 

hand. Thereafter, these Scottish slates shall be stored within the application 

site using a method of storage that does not cause damage to the slates, until 

such time that an alternative use for, or disposal of, the slates is agreed in 


Reason: To protect the limited resource of traditional, Scottish roofing slates 

from damage or loss and the ability for their future re-use, and therefore to 

assist the ongoing protection of the character and appearance of the 

conservation area. 

04. Skylights in the roof of the traditionally-constructed part of the building, above 

the main shop front, shall be conservation specification, constructed of metal, 

painted in colour black, have a top-hinged opening mechanism, and sit flush 

with the roof slates, unless otherwise agreed in writing by the Planning 

Authority. 



05. All rainwater goods attached to the traditionally-constructed part of the 

building, above the main shop front, shall be cast iron or cast aluminium of a 

traditional profile, with a painted finish in colour black, unless otherwise agreed 



and appearance of the conservation area.

1436 

06. The entire roof of the rear, post-war part of the building shall be finished with 

natural slates, with buff fireclay ridge tiles. Prior to commencement of 

development, full details of these natural slates shall be submitted to and 

agreed in writing by the Planning Authority. Thereafter, the roof shall be 

finished in accordance with these agreed details, unless otherwise agreed in 



07. The ground floor level of the external walls of the rear, post-war part of the 

building shall be finished with a smooth render and, with the exception of the 

stairwells, all other upper external walls of the rear, post-war part of the 

building shall be finished with a wet harl, unless otherwise agreed in writing by 



08. All external walls of both timber-clad stairwells shall be finished with verticallyclad 

larch boarding, left to weather naturally, and not altered in colour by the 

application of paint or stain, unless otherwise agreed in writing by the Planning 

Authority. 


09. All rainwater goods and drainage and vent pipes attached to the rear, post-war 

part of the building shall be metal, with a painted finish in colour black, unless 



10. All windows and doors in the rear, post-war part of the building shall be 

constructed of timber, and shall have a painted finish in colour black. All 

windows in the south-west elevation shall be fixed pane only, and opening 

windows in other elevations shall be side-hinged only, unless otherwise 

agreed in writing by the Planning Authority. Full specification and technical 

details of all windows and doors shall be submitted to, and agreed in writing 

by, the Planning Authority. No windows or doors shall be installed in the 

building until these details have been agreed in writing by the Planning 

Authority. Thereafter the doors and windows shall be installed in accordance 

with the approved details. 

Reason: To protect the character and appearance of the conservation area.

1437 

Appendix 9 

Proposed Erection of Wind Turbine, Anemometer Met Mast, Switchgear Kiosk 

and associated Access Track at Herston Head, South Ronaldsay (11/691/TPP) 





(Scotland) Act 1997, as amended. 

02. Prior to commencement of development, full details of the colour(s) of the wind 

turbine, including the tower, blades and nacelle, shall be submitted to, and 

agreed in writing by, the Planning Authority. Thereafter, the wind turbine shall 

be erected and retained in accordance with the approved details throughout 

the lifetime of the development. 

Reason: To minimise the visual impact of the development and protect the 


03. Throughout the life of the development, noise generated by the wind turbine(s) 

hereby permitted, shall not exceed 35dB(A) L90, 10 min at wind speeds not 

exceeding 10 m/s as measured not less than 10m from the façade of the 

nearest noise sensitive property. Measurements shall be made in accordance 

with the guidance in the supplementary guidance notes to the planning 

obligation, chapter 8 of the publication "The Assessment and Rating of Noise 

from Wind Farms (ETSU-R-97, Department of Trade and Industry, September 

1996). 



development. 








from Wind Farms” (ETSU-R-97, Department of Trade and Industry, September 

1996). 



development.

1438 











development. 


above the assessment of measured noise emission levels should be 








reception, the developer shall fully investigate these complaints and provide a 






Authority. 








1439 









B75 7RL 


aircraft. 

10. The temporary met mast hereby approved is only permitted for a period of two 

years from the date of this consent. 

Reason: In the interests of visual amenity and to ensure that the structure 

does not become a permanent installation. 

11. The consent hereby granted is for a period of 25 years from the date of the 

decision notice. At the end of this period, unless a planning consent has been 

granted for the retention and continued operation of the turbine (and/or any 

substitute that may have been accepted as a non-material variation to the one 

hereby approved) the turbine and associated equipment above ground level 

shall be removed and the site restored in accordance with the terms to be 

agreed in compliance with condition 12 below. 

Reason: In the interests of the visual amenity of the area as wind turbines 

have a finite productive life. 

12. No later than 12 months prior to the expiry of the consent hereby granted the 

applicant shall submit a scheme for the restoration of the site for the written 

approval of the Planning Authority. Such scheme shall contain a full site 

specific decommissioning method statement for any works proposed. 

Reason: To ensure that the site is cleared and the impact on the site from the 

development is mitigated upon expiration of the consent. 

13. On installation of the hereby approved met mast, the guy wires shall be fitted 

with bird deflectors that shall be maintained for the entire period it remains 

installed. These should be suitably conspicuous and regularly monitored, with 

any that become dislodged, replaced as soon as is reasonably possible. 

Reason: In the interests of protecting wildlife.

1440 

14. Once construction of the turbine has commenced, the whole development 

hereby approved shall be operational within a period of two years unless 


Reason: To guard against the blighting of other suitable opportunities to 

harness the wind resource or other potential developments in the area. 

15. The "enclosure/ building" identified in the archaeological report shall be roped 

off and avoided during the entire construction period. Photographic evidence 

of this shall be sent to the County Archaeologist along with confirmation of 

when excavation works are to be carried out. 

Reason: To avoid damage to archaeology of known potential and to provide 

evidence that the mitigation has been put in place. 

16. Prior to the commencement of any development, the routing for the delivery of 

turbine components and for cranes shall be agreed in writing with the Planning 

Authority. A schedule of works necessary to facilitate vehicle access to the 

site, including vehicle routing, shall be submitted to, and agreed in writing by, 

the Planning Authority. Such schedule shall include proposals for the 

restoration of any temporary access or road works. All works agreed by the 

Planning Authority in such schedule shall then be implemented to the 

satisfaction of the Planning Authority prior to the first operation of the turbine 

hereby approved unless otherwise agreed in writing by the Planning Authority. 

Reason: To ensure that the proposed route accommodates the type and 

number of vehicles envisaged during the construction process without 

detriment to public safety.

1441 

Appendix 10 

Proposed Change of Use from Care Facility to Education Building at Scarva 

Taing, Finstown (11/702/PP) 






02. The use hereby approved as a temporary education facility shall cease within 

one month of the special needs facility at the new Kirkwall Grammar School 

becoming operational and the use shall then revert back to its previous use as 

a residential care facility unless agreed otherwise in writing with the Planning 

Authority, or unless another use or development is implemented that has been 

granted planning permission. 

Reason: In order to ensure that the temporary use hereby approved does not 

prejudice the future development of the area in accordance with the 

development plan. 

03. Prior to the building hereby approved being brought into use, full details of the 

parking area, including provision for disabled parking and maneuvering, shall 

be provided, and completed in accordance with the submitted details. 

Reason: To ensure the facility caters adequately for disabled parking.

1442 

Appendix 11 

Proposed Siting of Three Houses at 35 Hillside Road, Stromness (11/731/PIP) 


01. The development hereby permitted shall commence within 2 years from the 

date of approval by the Planning Authority of the last of the matters specified 

by condition 02 below. 

Reason: To accord with the Town and Country Planning (Scotland) Act 1997 

as amended. 

02. Within three years of the date of this permission, an application for approval of 

the following matters shall be submitted to, and approved in writing by, the 

Planning Authority: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

the siting, design and external appearance of all buildings and other 

structures, 

the access details including a surface water drainage scheme, 

the layout of the site, including all roads, footways, and parking areas, 

the design and location of all boundary walls and fences, 

the provision of drainage works, 

the disposal of sewage, and 

how at least 10% of the carbon emissions reduction standard set by 

Scottish Building Standards will be met through the installation and 

operation of zero-carbon generating technologies. 

No development shall commence until all of these matters have been 

approved, thereafter the development shall be carried out in accordance with 

the approved details, unless otherwise agreed, in writing, by the Planning 

Authority. 

Reason: To accord with the Town and Country Planning (Scotland) Act 1997 

as amended and because the approval is in principle only.

1443 

Proposed Erection of Wind Turbine at Smogen, Orphir (11/733/TPP) 

Appendix 12 




Reason: To accord with the Town & Country Planning (Scotland) Act, 1997 (as 

amended). 

02. The colours of the wind turbine hereby approved shall be silver/metallic grey 

for the tower and silver/metallic grey for the nacelle and blades, unless 









planning obligation, chapter 8 of the publication "The Assessment and Rating 





development. 









1996). 



development.

1444 

05. Should any noise monitoring undertaken in accordance with condition 04 

above demonstrate that the noise thresholds in condition 03 are being 

exceeded, the developer shall submit a scheme of mitigating measures to the 

Planning Authority for written agreement within three months of the breach 

being identified. The agreed mitigating measures shall be implemented within 

three months of the written agreement or within any alternative timescale 

agreed in writing by the Planning Authority and thereafter retained throughout 

the life of the development unless otherwise agreed in writing by the Planning 

Authority. 



development. 









07. Provided any occupier(s) of the property known as Smogen, Orphir, Orkney 

has an ongoing financial involvement in the operation of the turbine approved 

by this planning permission, then conditions 03, 04, and 05 shall not apply to 

any occupier(s) of that property. 

Reason: For the avoidance of doubt. 

NOTE: Financial Involvement includes, but is not limited to occupier(s) having 

a financial stake by way of investment or ownership in the turbine(s), or being 

in receipt of ground rent for the duration of the turbine development. Financial 

Involvement may include a situation whereby any occupiers of the properties 

mentioned in condition 07 above receives, free of charge, electricity for 

domestic use associated with the dwelling at any time the turbine or turbines 

are operating and generating electricity, or, any other agreement providing 

adequate recompense throughout the lifetime of the development to any 

occupier(s) of the properties mentioned in condition 07. 

Should any such financial involvement cease to exist, or should any such 

provision of free electricity or adequate recompense cease to be provided, 

then conditions 03, 04, and 05 shall apply to any or all of the properties 

mentioned in condition 07.

1445 








Authority. 







Reason: To protect the visual amenity of the area. 





DE Operations North, 

Safeguarding Wind Energy, 



B75 7RL 


aircraft.

1446 

Proposed Erection of Wind Turbine at Houton Head, Orphir (11/736/TPP) 

Appendix 13 

REFUSE for the following reasons: 

01. The proposed turbine would occupy a prominent location that has a significant 

place in defining the boundary and character of the Hoy and West Mainland 

National Scenic Area. As such, the proposed development is contrary to policy 

LP/N3 ‘Landscape’ of the Orkney Local Plan, 2004; policy N1 ‘Landscape 

Conservation’ of the Orkney Local Development Plan, proposed plan, 2011; 

and to criteria DC3 ‘Landscape impact and Cumulative Landscape Impact’ 

and DC4 ‘Visual and Cumulative Visual Impact’ of the supplementary planning 

guidance, “On-shore Wind Energy Development”.

1447 

Appendix 14 

Proposed Relocation of Existing Equestrian/Livery Business and Erection of 

Dwelling House with Air Source Heat Pump for Rural Business at Tufta, Harray 

(11/737/PP) 






02. The dwellinghouse hereby approved shall only be occupied by a person 

operating or working full time for the adjacent livery business and his or her 

resident dependants, unless otherwise agreed in writing by the Planning 

Authority. 

Reason: To accord with the Orkney Local Plan 2004 and the Orkney 

Development Plan Proposed Plan (April 2011). 

03. Prior to work commencing on site full details covering surfacing, drainage, 

construction, fencing and detail of where the water runoff will be directed for 

the arena/ménage, car park, equestrian building, dwelling house, access and 

any surrounding hard surfacing and manure storage area shall be submitted 

to, and agreed in writing by, the Planning Authority. Thereafter the work shall 

be undertaken in accordance with these approved details. 


04. Full details of any external lighting shall be submitted to, and agreed in writing 

by, the Planning Authority. No lighting shall be installed until such details have 

been approved. Thereafter any external lighting shall be in accordance with 

the approved scheme unless otherwise agreed in writing by the Planning 

Authority. 

Reason: In the interest of visual amenity. 

05. Prior to any development works commencing on site, a scheme, detailing how 

at least 10% of the carbon emissions reduction standard set by Scottish 

Building Standards will be met through installation and operation of zerocarbon 

generating technologies to serve this house and staff and classrooms 

facilities in the equestrian building, shall be submitted to, and approved in 

writing by, the Planning Authority. The approved scheme shall thereafter be 

implemented prior to the first use of the development unless otherwise agreed 


Reason: In the interests of environmental protection and to accord with Policy 

SD6 of the Orkney Local Development Plan Proposed Plan (April 2011).

1448 

06. None of the development hereby approved shall start until the junction of the 

access track with the public road has been upgraded to the satisfaction of the 


Reason: In the interests of road safety 


to be used on all external walls and roofs (house and equestrian building) shall 

be submitted to, and approved in writing by, the Planning Authority. 


08. Prior to work commencing on site, a detailed plan shall be submitted showing 

the garden/curtilage area surrounding the dwelling house. 


09. Total noise from the Air Source Heat Pump(s) installed shall not exceed NR25 

within any residential property outwith the development, where NR25 is the 

Noise Rating Curve at 25, (noise measurements to be made with a window of 

any residential property outwith the development open no more than 50 mm.) 

Reason: To protect any nearby residents from excessive noise disturbance 

from the air source heat pump(s). 



generate noise audible beyond the boundary of the site, shall take place only 


Saturdays and not at all on Sundays or the Christmas or New Year public 

holidays unless otherwise agreed, in writing, with the Planning Authority. 

Reason: In the interests of protecting neighbouring amenity.

1449 

Proposed Change of Use of Land from Agricultural to Equestrian/Livery 

Business, including Cross Country Track, at Tufta, Harray (11/738/PP) 

Appendix 15 






02. The use of the land hereby permitted shall be restricted to an equestrian use 

associated with the adjacent equestrian business covered under planning 

application 11/737/PP. At no time shall the land hereby permitted operate 

separately as an independent business without the express written consent of 


Reason: For the avoidance of doubt. 

03. This development shall not be brought into use until the car park under 

planning application 11/737/PP has been completed. 

Reason: To ensure that adequate parking facilities are in place prior to the 

change of use taking place. 

04. Full details of all permanent jumps shall be submitted to, and agreed in writing 

by, the Planning Authority. Thereafter the approved scheme shall be 

implemented in accordance with the approved details unless otherwise agreed 

in writing by the Planning Authority. No other permanent jumps shall be 

constructed on site without the prior written consent of the Planning Authority. 

Reason: In the interest of visual amenity. 

05. None of the development hereby approved shall start until the junction of the 

access track with the public road has been upgraded to the satisfaction of the 

planning authority. 

Reason: In the interests of road safety.

1450 

Proposed Erection of Industrial Building with associated Siteworks and 

Services at Site G12, Garson Industrial Estate, Stromness (11/760/PP) 

Appendix 16 


01. The development hereby approved shall be commenced within 3 years from 

the date of this permission. 

Reason: To comply with section 58(1) of the Town and Country Planning 

(Scotland) Act 1997, as amended. 


to be used on all external walls shall be submitted to, and approved in writing 

by, the Planning Authority. 


03. Use of the development hereby approved shall be limited to those activities 

under Class 4 and 6 of the Town and Country Planning (Use Classes) 

(Scotland) Order 1997. 

Reason: In the interests of protecting neighbouring residential amenity by only 

permitting business and light industry including storage and distribution 

activities. 



generate noise audible beyond the boundary of the site, taking place only 


Saturdays and not at all on Sundays, unless otherwise agreed, in writing, with 


Reason: To reduce disturbance to residents. 

05. Once the development is hereby brought into use, on site activities involving 

the use of machinery and powered tools, or any other operation, for example 

hammering, that would generate noise audible beyond the boundary of the 

site, shall take place only between the hours of 7.30am and 7pm Mondays to 

Fridays, 9am to 5pm on Saturdays and not at all on Sundays or the Christmas 

or New Year public holidays unless otherwise agreed, in writing, with the 


Reason: In the interests of protecting neighbouring amenity.

1451 

06. Prior to any works commencing a site waste management plan shall be 

submitted to, and agreed in writing by, the Planning Authority. 

Reason: In the interests of environmental protection. 

07. No storage of materials shall be permitted outside the hereby approved 

buildings without the prior written consent of the Planning Authority. 

Reason: In the interests of safeguarding visual amenity. 

08. The developer should provide acoustic details for any fixed plant or 

equipment, including any cooling/chill plant, to be installed as part of the 

development. Details provided should include proposed positioning of the 

plant or equipment. No such plant or equipment shall be installed until such 

details have been approved in writing by the Planning Authority. Thereafter the 

any plant or equipment shall adhere to the approved details unless otherwise 

agreed in writing by the Planning Authority. 

Reason: To protect any nearby residents from excessive noise disturbance. 

09. Before the development hereby permitted is completed, or brought into use, 

the access, vehicle maneuvering and parking areas shown on the approved 

plans, shall be levelled, properly drained incorporating SuDs and surfaced to 

the satisfaction of the Planning Authority and shall thereafter be retained for 

these purposes throughout the life of the development hereby approved. 

Reason: To ensure the provision of adequate parking and turning facilities 

within the site.

Planning and Protective Services Committee - 22 February 2012

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