Planning Committee - 6 June 2012 - Orkney Islands Council

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MINUTE of the MEETING of the PLANNING COMMITTEE of ORKNEY ISLANDS
COUNCIL held in COUNCIL OFFICES, KIRKWALL on 6 JUNE 2012 at 10.30am
Present:
Clerk to the
Committee:
Councillors Robin W Crichton, Maurice C Davidson,
James Foubister, Alistair C Gordon, T Stephen Hagan,
Steven B Heddle, Graham L Sinclair, James W Stockan,
William T Stout and Owen Tierney
Angela Kingston, Committees Officer
In Attendance: Albert V Tait, Chief Executive (for Items 1 and 2)
Gavin Barr, Executive Director of Development and Infrastructure
Alastair Banks, Planning Manager (Development Management)
Paul D Maxton, Solicitor
Margaret Gillon, Planning Officer (for Items 1 and 2)
Jamie Macvie, Planning Officer (for Items 1 to 3)
Hazel M M Flett, Senior Committees Officer
Observing:
Apologies:
Roddy MacKay, Head of Planning and Regulatory Services
Sue Doyle, Planning Officer
Rebecca McAuliffe, Press Officer (for Item 2)
Councillors Andrew Drever and J Harvey Johnston
Councillor Robin W Crichton in the Chair
1 APPOINTMENT OF VICE CHAIR
The Committee RESOLVED, in terms of delegated powers, that no appointment be
made meantime to the post of Vice Chair of the Planning Committee.
2 PLANNING APPLICATION 12/156/PP
PROPOSED ERECTION OF 21 HOUSES WITH ASSOCIATED WORKS AT
BACK ROAD, STROMNESS
Stephen Kemp representing the applicant, Orkney Builders (Contractors) Limited,
was present during discussion of this item.
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
Margaret Gillon, Planning Officer, and representations from Stephen Kemp, on behalf
of the applicant, Orkney Builders (Contractors) Limited, the Committee:-
NOTED:-
2.1 that letters of objection had been received from the following:-
2.1.1 Stromness Community Council;
2.1.2 Michael Frier, Midgarth, Netherton Road, Stromness; and
2.1.3 George Argo, Hoygar, Innertown, Stromness; and

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2.2 that the Clerk read out a statement on behalf of the objector, Michael Frier,
Midgarth, Netherton Road, Stromness.
Councillor G L Sinclair, seconded by Councillor S B Heddle, moved that planning
permission be granted in respect of the proposed erection of 21 houses with
associated works at Back Road, Stromness, subject to conditions as proposed by
officers.
Councillor J W Stockan, seconded by Councillor R W Crichton, moved an
amendment that consideration of the application be deferred to allow consideration to
be given in respect of parking issues, density of the development and to explore the
possibility of any planning gain with regard to the developer contributing towards a
community play park.
On a vote being taken 4 members voted for the amendment and 6 for the motion,
and the Committee:-
RESOLVED, in terms of delegated powers:-
2.3 that planning permission be granted in respect of the proposed erection of 21
houses with associated works at Back Road, Stromness, subject to the
conditions listed in Appendix 1 to this Minute.
3 PLANNING APPLICATION 12/160/AMC
PROPOSED ERECTION OF REPLACEMENT HOUSE WITH INTEGRAL
GARAGE AND AIR SOURCE HEAT PUMP AT WOODSIDE, TANKERNESS
Ross Corse, applicant, was present during discussion of this item.
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
Jamie Macvie, Planning Officer, and representations from Ross Corse, applicant,
Councillor A C Gordon, seconded by Councillor W T Stout, moved that the
application in respect of the proposed erection of a replacement house with integral
garage and installation of an air source heat pump at Woodside, Tankerness, be
refused, for the reasons set out in the officer’s report.
Councillor J Foubister, seconded by Councillor J W Stockan, moved an amendment
that consideration of the application be deferred to enable members of the
Committee to undertake a site visit.
On a vote being taken 5 members voted for the amendment and 4 for the motion.
Councillor R W Crichton moved a further amendment, notice of which had been
given, that planning permission in respect of the proposed erection of a replacement
house with integral garage and installation of an air source heat pump at Woodside,
Tankerness, be granted, and that powers be delegated to the Executive Director of
Development and Infrastructure to issue consent, incorporating standard conditions.

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On receiving no seconder his amendment fell, and the Committee:-
RESOLVED, in terms of delegated powers, that consideration of the application to
erect a replacement house with integral garage and installation of an air source heat
pump at Woodside, Tankerness, be deferred to enable members of the Committee to
undertake a site visit.
4 PLANNING APPLICATION 12/212/PP
PROPOSED ERECTION OF TWO SEMI-DETACHED HOUSES AT
KALISGARTH CARE CENTRE, PIEROWALL, WESTRAY
John Winstanley, agent for the applicant, Orkney Islands Property Developments
Limited, was present during discussion of this item.
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 Planning Manager (Development Management), on the motion of Councillor
J W Stockan, seconded by Councillor A C Gordon, the Committee:-
RESOLVED, in terms of delegated powers, that planning permission be granted in
respect of the proposed erection of two semi-detached houses at Kalisgarth Care
Centre, Pierowall, Westray, subject to the conditions listed in Appendix 2 to this
Minute.
5 PLANNING APPLICATION 12/221/PP
PROPOSED ERECTION OF FOUR DETACHED AND FOUR SEMI-DETACHED
HOUSES AT BERSTANE ROAD/PAPDALE ROAD/PAPDALE LOAN,
KIRKWALL
Stephen Kemp representing the applicant, Orkney Builders (Contractors) Limited,
and Sanjay Shah and Peter McKinlay, objectors, were present during discussion of
this item.
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 Planning Manager (Development Management), and representations from Peter
McKinlay, objector, and from Stephen Kemp, on behalf of the applicant, Orkney
Builders (Contractors) Limited, the Committee:-
NOTED:-
5.1 that letters of objection had been received from the following:-
5.1.1 Sanjay Shah, 8 Papdale Close, Kirkwall;
5.1.2 Neil Laughton, 1 Papdale Drive, Kirkwall;
5.1.3 Mrs Kathryn Shah, 8 Papdale Close, Kirkwall;
5.1.4 Malcolm Colquhoun, 7 Papdale Close, Kirkwall;
5.1.5 Michael Dohrn, Papdale Farmhouse, Papdale Loan, Kirkwall;
5.1.6 Peter McKinlay, Hillsview, Berstane Road, Kirkwall;

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5.1.7 Kenneth Grant, Crunafea, Berstane Road, Kirkwall; and
5.1.8 Owen Cooper, Kali, Berstane Road, Kirkwall.
On the motion of Councillor T S Hagan, seconded by Councillor J Foubister, the
Committee RESOLVED, in terms of delegated powers:-
5.2 that consideration of the application to erect four detached and four
semi-detached houses at Berstane Road/Papdale Road/Papdale Loan,
Kirkwall, be deferred to enable members of the Committee to undertake a site
visit.
6 PLANNING APPLICATION 12/222/TPP
PROPOSED ERECTION OF TWO WIND TURBINES AT WINDBRECK,
ST MARGARET’S HOPE
Ken Harris-Jones, applicant, was present during discussion of this item.
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 Planning Manager (Development Management), and representations from Ken
Harris-Jones, applicant, the Committee:-
NOTED:-
6.1 that a letter of objection had been received from Mrs Jill Lamont, Knowe,
Quindry, St Margaret’s Hope.
On the motion of Councillor A C Gordon, seconded by Councillor G L Sinclair, the
Committee RESOLVED, in terms of delegated powers:-
6.2 that planning permission be granted in respect of the proposed erection of two
wind turbines at Windbreck, St Margaret’s Hope, subject to the conditions listed
in Appendix 3 to this Minute.
7 CONCLUSION OF MEETING
At 12.20pm the Chair declared the meeting concluded.
Signed: Rob Crichton

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Proposed Erection of 21 Houses with Associated Works at Back Road,
Stromness (12/156/PP)
Appendix 1
GRANT subject to the following conditions:
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 as amended.
02. Notwithstanding the details submitted, full details of the colour of the facing
materials to be used on all roofs and external walls shall be submitted to, and
approved in writing by, the Planning Authority.
Reason: In the interest of visual amenity.
03. 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
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: To reduce disturbance to residents.
04. Prior to the commencement of development, the applicant shall submit for the
written approval of the Planning Authority plans showing the construction
compound and any site for temporary storage of material or waste material (eg
top soil) for the development. The compound shall then be located in
accordance with the approved plans.
Reason: To ensure that construction works are organised in such a way as to
minimise disturbance to existing residents and residents of the new
development.
05. Prior to work commencing on site full details of:
geometry of the roads,
construction of carriageway, footpaths and parking areas;
shall be submitted to, and agreed in writing by, the Planning Authority in
conjunction with Roads Services. No development shall commence until
approval, in writing, by the Planning Authority has been issued. Thereafter the
development shall be implemented in accordance with the approved details
and then retained throughout the life of the development unless otherwise
agreed in writing by the Planning Authority.

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Reason: In the interest of road safety.
06. That prior to the occupation of the first house within the development hereby
approved the stone dyke along Netherton Road shall be removed and rebuilt
and the footpath constructed along the stretch of Netherton Road shown on
drawing No 913. Full construction details for the stone dyke and footpath shall
be submitted to and agreed in writing with the Planning Authority. Thereafter
the footpath and stone dyke shall be completed in accordance with the details
submitted.
Reason: In the interest of road safety.
07. Prior to occupation of any of the dwelling houses hereby permitted the
sustainable urban 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.
08. No dwelling houses included in this application shall be occupied before the
associated access road, parking, turning areas, footpaths and drainage works
(including SuDS) have been completed in accordance with the details agreed
unless otherwise agreed in writing with the Planning Authority.
Reason: To ensure that essential elements of the development are completed
satisfactorily before houses are occupied.
09. Prior to commencement of the development a scheme for the landscaping of
the site including the amenity area shall be submitted to, and agreed in writing
by, the Planning Authority. This scheme should include all soft landscaping
and a tree planting scheme. The scheme should be undertaken at the first
planting season following completion of the development 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.
10. Any trees, shrubs or areas of grass forming part of the planting scheme
implemented under Condition 09 that die, are removed, damaged, or diseased
within five years of the completion of the development shall be replaced in the
next planting season with others of a similar size and species. A schedule of
any works completed under this condition shall be kept and made available to
the Planning Authority upon request.
Reason: To ensure that the landscaping scheme implemented under
Condition 09 above is established and maintained and to allow monitoring of
said maintenance.

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11. Prior to any works commencing a site waste management plan shall be
submitted to, and approved in writing by, the Planning Authority.
Reason: In the interests of environmental protection.
12. Prior to the erection of any gate, fence or other means of enclosure their
details shall have been submitted to, and approved in writing by, the Planning
Authority.
Reason: To safeguard the amenities of the area.
13. Prior to work commencing on the development hereby approved full details of
the access route for construction traffic will require to be submitted to, and
agreed in writing by, the Planning Authority and thereafter all construction
traffic shall access the site in accordance with the agreed details. If
unacceptable levels of disturbance arise from construction traffic, the
developer shall, at the reasonable request of the Planning Authority, adopt
measures to reduce disturbance.
Reason: To minimise disruption in the surrounding area.
14. Prior to work commencing on site details of the provision of drying greens for
the dwelling units numbered 16-23 on the hereby approved plan shall be
submitted to, and agreed in writing, with the Planning Authority.
Reason: To provide external drying green.

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Appendix 2
Proposed Erection of Two Semi-Detached Houses at Kalisgarth Care Centre,
Pierowall, Westray (12/212/PP)
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 section 58(1) of the Town and Country Planning
(Scotland) Act 1997.
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. The development hereby approved shall not be used as dwelling units
unconnected with the Kalisgarth Care Centre facility.
Reason: The proposed development would be too close to an existing turbine
(06/307/PPF) for it to be permanently occupied by individuals or groups
unconnected with Kalisgarth Care Centre which is served by the turbine. If the
development was to be used independently and noise levels from the turbine
exceeded those limits specified in condition 2 of consent 06/307/PPF, then the
turbine may require to be shut down or suitable mitigating measures adopted.
04. Total noise from the air source heat pump(s) hereby approved 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).
05. Access to the development hereby approved shall only be permitted via the
existing Kalisgarth Care Centre, unless otherwise agreed in writing by the
Planning Authority.
Reason: In the interests of road safety.

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06. 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 the 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
agreed otherwise in writing by the Planning Authority.
Reason: In the interests of environmental protection and to accord with Policy
SD6 of the Orkney Local Development Plan.
07. 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
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: To safeguard the amenities of residents in the area.
08. Construction access to the site shall only be taken via The Quarry Road,
Pierowall. No construction traffic shall access the site via any other route
unless agreed beforehand in writing by the Planning Authority.
Reason: To safeguard the amenities and safety of residents in the area and of
Howanbrek in particular.

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Appendix 3
Proposed Erection of Two Wind Turbines at Windbreck, St Margaret’s Hope
(12/222/TPP)
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 section 58(1) of the Town and Country Planning
(Scotland) Act 1997.
02. The colours of the wind turbine hereby approved shall be silver/metallic for the
tower and either grey or white for the nacelle and blades, unless otherwise
agreed in writing by the Planning Authority.
Reason: To minimise the visual impact of the development and to protect the
visual amenity of the area.
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).
Reason: To protect the residents of nearby residential properties from
disturbance as a result of noise generated during operation of the
development.
Note: The property of Windbreck, St Margaret's Hope, Orkney is not
considered as a noise sensitive property in relationship to the turbine(s)
hereby approved due to the owner’s financial interest in the turbine(s). Any
separation of the ownership of the house and the turbine(s), including
occupation of the house by an individual or party without a financial interest in
the turbine(s), is likely to cause noise issues which may result in the turbine(s)
no longer being able to comply with this condition.
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).

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Reason: To protect the residents of nearby residential properties from
disturbance as a result of noise generated during operation of the
development.
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.
Reason: To protect the residents of nearby residential properties from
disturbance as a result of noise generated during operation of the
development.
06. Where noise measurements are carried out in accordance with condition 4
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.
Reason: To protect the residents of nearby residential properties from
unacceptable levels of disruption to Radio/TV reception.
08. If any of the wind turbines hereby approved are not operational and producing
energy for a period of one year, then that 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.

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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.
10. Once construction of any of the turbines has commenced, the whole
development hereby approved shall be operational within a period of two
years unless agreed otherwise in writing by the Planning Authority.
Reason: To guard against the blighting of other suitable opportunities to
harness the wind resource or other potential developments in the area.