EPP Committee Minutes - 28 April 2010 - Orkney Islands Council

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MINUTE of the MEETING of the ENVIRONMENT, PLANNING AND PROTECTIVE
SERVICES COMMITTEE of ORKNEY ISLANDS COUNCIL held in COUNCIL
OFFICES, KIRKWALL on 28 APRIL 2010 at 10.30am
Present:
Clerk to the
Committee:
In Attendance:
Observing:
Councillors Michael J F Drever, James W R Moar, Janice Annal,
Robin W Crichton, Andrew Drever, James Foubister,
Alistair C Gordon, T Stephen Hagan, Allan E Leslie,
Robert K Leslie, James W Stockan and David R Tullock
Hazel M M Flett, Senior Committees Officer
Alastair Banks, Planning Manager (Development Management)
Craig MacInnes, Planning Officer (for Items 1 to 4)
Fiona MacDonald, Assistant Director (Law and Administration)
(for Items 3 and 4)
Roddy MacKay, Assistant Director (Environmental Standards)
Angela Kingston, Committees Officer
Luke Fraser, Assistant Development Officer, Housing Services
(for Items 5 and 6)
Rebecca McAuliffe, Press Officer (for Items 1 to 4)
Declarations
of Interest: Councillor Janice Annal – Item 3
Councillor James Foubister – Item 2
Councillor James W R Moar – Item 2
Councillor Michael J F Drever in the Chair
1 PLANNING APPLICATION 08/002
PROPOSED SERVICING OF FOUR COMMERCIAL SITES AND
PROVISION OF SITE ACCESSES AT HATSTON PIER, GRAINSHORE ROAD,
KIRKWALL
After consideration of a report by the Director of Development and Environment
Services, copies of which had been circulated, and after hearing a report from the
Planning Officer, on the motion of Councillor A E Leslie, seconded by Councillor
R W Crichton, the Committee:-
RESOLVED, in terms of delegated powers, that consent be granted in respect of
the proposed servicing of four commercial sites and provision of site accesses at
Hatston Pier, Grainshore Road, Kirkwall, subject to the conditions listed in Appendix
1 to this Minute.

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2 PLANNING APPLICATION 09/498
PROPOSED DEMOLITION OF EXISTING WAREHOUSE AND
ERECTION OF WHOLESALE DEPOT AT SWORDFISH ROAD,
HATSTON INDUSTRIAL ESTATE, KIRKWALL
Councillor J W R Moar declared a financial interest in this item, being a member of
Birsay Farmers Limited, and was not present during discussion thereof.
Councillor J Foubister declared a financial interest in this item, being a member of
Birsay Farmers Limited, confirmed that his shareholding was below the minimum
threshold and therefore concluded that his interest did not preclude his involvement
in the discussion.
After consideration of a report by the Director of Development and Environment
Services, copies of which had been circulated, and after hearing a report from the
Planning Officer, the Committee:-
RESOLVED, in terms of delegated powers:-
2.1 that the Council should advise Scottish Ministers of its intention to grant consent
in respect of the proposed demolition of an existing warehouse and erection of
a wholesale depot at Swordfish Road, Hatston Industrial Estate, Kirkwall,
subject to the conditions listed in Appendix 2 to this Minute; and
2.2 that, should Scottish Ministers endorse the Council’s intention to grant consent,
as outlined at paragraph 2.1 above, powers be delegated to the Director of
Development and Environment Services to issue the consent incorporating the
conditions listed in Appendix 2 to this Minute.
3 PLANNING APPLICATION 09/597
PROPOSED DEVELOPMENT OF BED AND BREAKFAST ACCOMMODATION
AT CHALMERSQUOY, WESTRAY
Councillor J Annal declared a non-financial interest in this item, in that she was
related to two of the objectors, confirmed that she had not discussed the application
with the objectors and therefore concluded that her interest did not preclude her
involvement in the discussion.
Coilla Drake and Erik Dixon, objectors, were present during consideration of this
item.
After consideration of a report by the Director of Development and Environment
Services, copies of which had been circulated, and after hearing a report from the
Planning Manager (Development Management), representations from Coilla Drake,
on behalf of the objectors, and representations from objectors read out by the Clerk,
the Committee:-

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NOTED:-
3.1 that letters of objection had been received from:-
3.1.1 Jerry and Sheila Wood, 1 Broughton, Westray;
3.1.2 Mrs Sheila Wood, 1 Broughton, Westray;
3.1.3 Edward Wright, Quoyer Cottage, Westray;
3.1.4 Ms Jennifer Strode, Quoyer Cottage, Westray;
3.1.5 Alison and Alan Drever, The Pierowall Hotel, Westray;
3.1.6 Denise and Nigel Spurgeon, The Old Manse, Westray;
3.1.7 Tony and Lyn Thorpe, The Cleaton House Hotel, Westray;
3.1.8 Dorothy and Edwin Groat, Sand O’Gill, Westray;
3.1.9 Mr and Mrs E Dixon, Straits, Broughton, Westray;
3.1.10 Janey Thomas and Robert Sainsbury, Stenigar, 3 Broughton, Westray;
3.1.11 Coilla Drake, Cott, Westray;
3.1.12 Graham Leslie and Jennifer Leslie, 10 Broughton, Westray;
3.1.13 J F and Mrs S C J Stuart, Caddlesbrae, Broughton, Westray; and
3.1.14 John Kent, 5 Broughton, Westray; and
3.2 that the Clerk read out statements on behalf of the undernoted objectors:-
3.2.1 Jerry and Sheila Wood, 1 Broughton, Westray;
3.2.2 Janey Thomas and Robert Sainsbury, Stenigar, 3 Broughton, Westray;
and
3.2.3 Graham Leslie and Jennifer Leslie, 10 Broughton, Westray.
Councillor A E Leslie, seconded by Councillor J Annal, moved that consent be
granted in respect of the proposed development at Chalmersquoy, Westray,
incorporating a single storey dwelling and three yurts with bed and breakfast
accommodation, a polytunnel and a wind turbine, subject to conditions, including that
the permanent tourist accommodation be made available for 40 weeks of the year
and that the yurts be available as temporary structures for five months of the year.
Councillor A C Gordon, seconded by Councillor J Foubister, moved an amendment
that the application for the proposed development at Chalmersquoy, Westray,
incorporating a single storey dwelling and three yurts with bed and breakfast
accommodation, a polytunnel and a wind turbine, be refused in that the development
would appear intrusive visually, incongruous and exposed, by virtue of its location,
scale, proportions, materials, colour and design, and was not in keeping with its
surroundings, and would therefore be contrary to the provisions of Local
Development Plan policies LP/DC2 and LP/E9.
On a vote being taken 5 members voted for the amendment and 6 for the motion.

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Councillor R W Crichton, seconded by Councillor D R Tullock, moved a further
amendment, notice of which had been given, that consent be granted in respect of
the proposed development at Chalmersquoy, Westray, incorporating a single storey
dwelling and two yurts with bed and breakfast accommodation, a polytunnel and a
wind turbine, subject to conditions, including that the permanent tourist
accommodation be made available for 40 weeks of the year and that the yurts be
available as temporary structures for five months of the year.
On a vote being taken 7 members voted for the amendment and 3 for the motion.
The amendment then became the motion.
Councillor A Drever, seconded by Councillor T S Hagan, moved a further
amendment, notice of which had been given, that consent be granted in respect of
the proposed development at Chalmersquoy, Westray, incorporating a single storey
dwelling with bed and breakfast accommodation only, a polytunnel and a wind
turbine, subject to conditions, including that the permanent tourist accommodation be
made available for 40 weeks of the year.
On a vote being taken 7 members voted for the amendment and 5 for the motion,
and the Committee:-
RESOLVED, in terms of delegated powers:-
3.3 that consent be granted in respect of the proposed development at
Chalmersquoy, Westray, incorporating a single storey dwelling with bed and
breakfast accommodation only, a polytunnel and a wind turbine, subject to the
conditions listed in Appendix 3 to this Minute.
4 PLANNING APPLICATION NO 10/028
PROPOSED SITING OF RESTAURANT AND DRIVE-THRU AT
PICKAQUOY ROAD, KIRKWALL
David Craigie, applicant, and Christopher Craigie were present during discussion of
this item.
After consideration of a report by the Director of Development and Environment
Services, copies of which had been circulated, and after hearing a report from the
Planning Officer, the Committee:-
NOTED:-
4.1 that letters of objection had been received from the following:-
4.1.1 Ms Marilyn Buchan, Grainbank Cottage, Kirkwall; and
4.1.2 Mrs Cynthia Black, Holburn, Holm Branch Road.

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On the motion of Councillor J W R Moar, seconded by Councillor R K Leslie, the
Committee RESOLVED, in terms of delegated powers:-
4.2 that consent be granted in respect of the proposed siting of a restaurant and
drive-thru at Pickaquoy Road, Kirkwall, subject to the conditions listed in
Appendix 4 to this Minute; and
4.3 that, as the consent, referred to at paragraph 4.2 above, related to planning in
principle only, should a detailed application be submitted, that application
should be referred to the Environment, Planning and Protective Services
Committee for determination.
5 PLANNING APPLICATION NO 10/053
PROPOSED CONVERSION OF REDUNDANT FARM BUILDING TO FORM A
HOUSE AT BERSTANE FARM, ST OLA
Frances Colborn-Veitch, applicant, Mrs Maud Colburn, Nick Coward, agent on behalf
of the objector, and Lindsay Harvey, on behalf of W H Harvey Limited, objector, were
present during discussion of this item.
After consideration of a report by the Director of Development and Environment
Services, copies of which had been circulated, and after hearing a report from the
Planning Manager (Development Management), and representations from Nick
Coward, agent on behalf of the objector, and from Frances Colburn-Veitch, applicant,
the Committee:-
NOTED:-
5.1 that a letter of objection had been received from W L Harvey (Director),
W H Harvey Limited, Quoydandy, St Ola.
Councillor J Annal moved that consent be granted for the proposed conversion of a
redundant farm building to form a house at Berstane Farm, St Ola, subject to
conditions. On receiving no seconder, her motion fell.
On the motion of Councillor A C Gordon, seconded by Councillor R W Crichton, the
Committee RESOLVED, in terms of delegated powers:-
5.2 that the application for the proposed conversion of a redundant farm building to
form a house at Berstane Farm, St Ola, be refused, as the proposed residential
unit would be inappropriate so close to a slatted byre and other elements of a
working farm that could cause undue detriment to the amenities of the
occupant(s) of the residential unit by reasons of smell, noise and general
disturbance and would thereby be contrary to the provisions of Local
Development Plan policy LP/DC1 – Criteria for development, in particular
criteria a) the amenity of the area was protected; and e) conflict with adjoining
uses was avoided.

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6 PLANNING APPLICATION NO 10/068
PROPOSED SITING OF TWO SEMI-DETACHED HOUSES AT
PETTICOAT LANE, ORPHIR
After consideration of a report by the Director of Development and Environment
Services, copies of which had been circulated, and after hearing a report from the
Planning Manager (Development Management), the Committee:-
RESOLVED, in terms of delegated powers, that consent be granted in respect of
the proposed siting of two semi-detached houses at Petticoat Lane, Orphir, subject to
the conditions listed in Appendix 5 to this Minute.
7 PLANNING APPLICATION NO 10/070
PROPOSED SITING OF A REPLACEMENT HOUSE ON LAND NEAR
HINDATOON FARM, HARRAY
Mervyn Sandison, applicant, was present during discussion of this item.
After consideration of a report by the Director of Development and Environment
Services, copies of which had been circulated, and after hearing a report from the
Planning Manager (Development Management), and after hearing representations
from the objector, which were read out by the Clerk, the Committee:-
NOTED:-
7.1 that a letter of objection had been received from Michelle Hill, St Olaf Cottage,
Grimeston, Harray.
On the motion of Councillor J Foubister, seconded by Councillor J W R Moar, the
Committee RESOLVED, in terms of delegated powers:-
7.2 that consent be granted in respect of the proposed siting of a replacement
house on land near Hindatoon Farm, Harray, subject to the conditions listed in
Appendix 6 to this Minute.
8 CONCLUSION OF MEETING
At 12.30pm the Chair declared the meeting concluded.
Signed: Michael Drever

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Appendix 1
Proposed Servicing of 4 Commercial Sites and Provision of Site Accesses at
Hatston Pier, Grainshore Road, Kirkwall (08/002)
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 the Town and Country Planning (Scotland) Act 1997 (as
amended).
02. No development works shall commence on any of the hereby approved sites until
full details of the proposed Sustainable urban Drainage Scheme (SuDS) has
been submitted and approved by the Planning Authority in consultation with the
Scottish Environment Protection Agency (SEPA). Thereafter, and unless
otherwise agreed in writing by the Planning Authority, in consultation with SEPA,
the SuDS shall be fully installed in accordance with the approved scheme prior to
any of the approved sites being brought into use.
Reason: In the interests of environmental protection and to accord with the
requirements of policy LP/DC1 Criteria for Development of the Orkney Local Plan
2004 and Supplementary Planning Guidance, Crowness Harbour (C2) Hatston,
Kirkwall, Development Brief, Development Services (Adopted 4 December 2007).
03. No development works shall commence on any of the hereby approved sites until
full details of the proposed pumping station have been submitted and approved
by the Planning Authority in consultation with Scottish Water and SEPA.
Thereafter, and unless otherwise agreed in writing by the Planning Authority, in
consultation with SEPA, the proposed pumping station shall be fully installed in
accordance with the approved scheme prior to any of the approved sites being
brought into use.
Reason: To ensure that foul drainage water is pumped to Scottish Water’s foul
water infrastructure and to accord with the requirements of policy LP/DC1 Criteria
for Development of the Orkney Local Plan 2004.
04. Unless otherwise agreed in writing by the Planning Authority, all future
applications for the development of the 4 sites hereby approved, shall accord with
the requirements of the document Orkney Local Plan, Supplementary Planning
Guidance, Crowness Harbour (C2) Hatston, Kirkwall, Development Brief,
Development Services (Adopted 4 December 2007).
Reason: As this is the approved development brief for the area.

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05. Unless otherwise agreed in writing by the Planning Authority, no accesses shall
be permitted from sites 1 or 2 directly onto Grainshore Road.
Reason: In the interests of road safety.
06. Unless otherwise agreed in writing by the Planning Authority, no development
works shall be permitted within 5 metres of the boundary of the Burnt Mound as
indicated on the hereby approved plans.
Reason: In the interests of protecting archaeology.

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Appendix 2
Proposed Demolition of Existing Warehouse and Erection of Wholesale Depot
at Swordfish Road, Hatston Industrial Estate, Kirkwall (09/498)
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 accord with the Town & Country Planning Act 1997 (as amended).
02. Prior to the hereby approved development being brought into use, the full parking
arrangement detailed on the stamped approved plans shall be marked out and
made available, thereafter it shall be retained for the lifetime of the development,
unless otherwise agreed in writing by the Planning Authority.
Reason: In the interests of road safety.
03. Prior to the hereby approved development being brought into use, the developer
shall submit an updated health and safety risk assessment for the premises to
the Planning Authority for approval in writing. Thereafter, the practices and
procedures identified in the approved risk assessment shall be adhered to at all
times when the development is in operation.
Reason: In the interests of health and safety and at the request of the
Environmental Health division of the Council.
04. That no increase in the size of the hereby approved retail trading space (400
square metres) shall be permitted without the express written consent of the
Planning Authority.
Reason: As the site is within a Health and Safety Executive safeguarded area.

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Appendix 3
Proposed Development of Bed and Breakfast Accommodation at
Chalmersquoy, Westray (09/597)
GRANT subject to the following conditions:
01. The development hereby approved 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. The planning permission hereby granted is for “Single storey dwelling with B&B
accommodation, polytunnel & wind turbine (max height 18m)” only and grants
no consent for the erection of any yurts.
Reason: Yurts on this site would be incongruous visually and would be likely to
give rise to activities in and around them that would be disturbing to residents in
the vicinity by reasons of noise, disturbance and smoke.
03. 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
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.
04. Throughout the life of the development, noise generated by the development
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 facade 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 arms" (ETSU- R-97, Department of Trade and Industry, September
1996).
Applicants should note that where a single Small Wind Turbine Generator
(WTG) is being installed and the manufacturers/suppliers or other data indicates
that the WTG has a tonal content to its noise levels (as defined in BWEA -
Small Wind Turbine Performance and Safety Standard February 2008, section
3): the 5dB penalty referred to in that section must be applied when using the
data to predict noise levels at the nearest noise sensitive property.
Reason: To protect the residents of nearby residential properties from
disturbance as a result of noise generated during operation of the development.

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05. In the event of a complaint being received with regard to noise emissions and at
the reasonable request of the Planning Authority the developer shall carry out
post-construction monitoring to establish noise levels at an affected property.
This post construction noise monitoring to be carried out by a suitably qualified
noise expert or consultancy previously agreed in writing by the Planning
Authority, and to be carried out by the method 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).
Reason: To protect the residents of nearby residential properties from
disturbance as a result of noise generated during operation of the development.
06. Should any post-construction noise monitoring undertaken in accordance with
condition 04 demonstrate that the thresholds in condition 03 are being
exceeded, the developer shall submit a scheme of mitigating measures for the
written agreement of the Planning Authority within 3 months of any breach
being identified. The agreed measures shall be implemented within three
months of being approved in writing or such other time period as the Planning
Authority may agree to.
Reason: To protect the residents of nearby residential properties from
disturbance as a result of noise generated during operation of the development.
07. That 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 agreed by the Planning Authority, details
of which shall be submitted to the Planning Authority for approval.
Reason: To protect residential amenity.
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. All removals and restoration
works shall be carried out at the developer's expense.
Reason: To protect residential amenity of the area
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.

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The developer should also contact those microwave communication
representatives indicated by Ofcom in their e-mail of 11/2/2010 regarding the
possibility of any conflict that could arise with existing microwave fixed links in
the area.
Reason: In the interests of National Safety and communication.
10. The bed and breakfast facility shall be available for a minimum of 40 weeks per
calendar year. To facilitate the enforcement of such control, the owners of the
B&B shall at all times maintain, and shall make available to the Planning
Authority upon reasonable request, a register of occupiers of the B&B
accommodation to which this permission relates.
Reason: To comply with Orkney Local Plan policies regarding self-catering
tourist accommodation so as to ensure that the B&B accommodation is not
used as a full-time residence.
11. Development shall not begin until full details of the construction of the cladding
of the turf roof along with details of the nature of the turf and the maintenance
proposed, along with full details of the colour of the lime finish to the external
walls of the main building shall be submitted to and approved in writing by the
Planning Authority.
Reason: To ensure that the visual quality of the area is maintained.
12. Before any development of the site commences, a scheme addressing the
following matters shall be submitted to and approved by the Planning Authority:-
(a)
(b)
(c)
scheme of external lighting;
details of surfacing and finishing of all footpaths, turning areas and
access; and
details of all fences and walls or other proposed means of boundary
treatment.
Thereafter, these works shall be implemented in accordance with the approved
scheme and throughout the lifetime of the development, unless otherwise
agreed in writing by the Planning Authority.
Reason: To maintain and enhance the visual and landscape quality of the area.
13. No development shall commence until details of the planting scheme (which
shall include species, size and numbers of plants to be planted) has been
submitted to and approved in writing by the Planning Authority.
Reason: To ensure the submission and implementation of a well-laid out
scheme of landscaping in the interest of visual amenity.

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14. The approved planting scheme shall be implemented not later than the first
planting season following commencement of the development (or within such
extended period as the Planning Authority may allow) and shall thereafter be
retained and maintained for a period of 5 years. Any plant material removed,
dying or becoming seriously damaged or diseased within five years of planting
shall be replaced within the first available planting season and shall be retained
and maintained.
Reason: To ensure the submission and implementation of a well-laid out
scheme of landscaping in the interest of visual amenity.
15. No work should commence on site until a Sustainable urban Drainage Scheme
for the site has been agreed in writing with the Planning Authority. The scheme
shall thereafter be implemented in accordance with the agreed scheme.
Reason: To accord with Policy LP/U4 - Surface Water Disposal of the Orkney
Local Plan and to prevent the flow of surface water from the access onto the
public road.
16. Prior to any development works commencing on site, the access junction with
the main road shall be upgraded to Roads Services specifications for this type
of development. Thereafter, the approved scheme shall be retained for the
lifetime of the development unless otherwise agreed in writing by the Planning
Authority.
Reason: In the interests of Road Safety.

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Appendix 4
Proposed Siting of Restaurant and Drive-thru at Pickaquoy Road, Kirkwall
(10/028)
GRANT subject to the following conditions:
01. That within three years of the date of this permission, an application for approval
of the matters specified in condition 3, shall be made to the Planning Authority.
Reason: To accord with the Town and Country Planning (Scotland) Act 1997 (as
amended).
02. The development shall commence within 2 years from the date of the last of the
conditions imposed on the planning permission in principle to be approved by the
Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning
(Scotland) Act 1997(as amended).
03. That before development starts a written application and plans, in respect of the
following matters, shall be submitted to, and approved by, the Planning Authority:
(a)
(b)
(c)
(d)
(e)
(f)
the siting, design and external appearance of all buildings and other
structures, including a plan and sections showing ground levels of the site
and how the development will sit in the site,
the means of access to the site,
the layout of the site, including all roads, footways, parking areas and litter
bins,
the design and location of all boundary walls and fences,
the provision of drainage works and SuDS, and
the disposal of sewage.
Reason: The approval is in principle only.
04. That unless otherwise agreed in writing by the Planning Authority, a design
statement shall be submitted in support of the application for approval of
matters specified by condition that explains and illustrates the principles and
concepts behind the design and layout of the proposed development and how
the proposal relates both to the site and its wider context, and examines how
the proposed access has been dealt with.
Reason: To comply with the requirements of the Kirkwall Urban Design
Framework 2009.

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Informative
01. With respect to otters the following information should be considered:
Site preparation and external construction work should be restricted to
daylight hours as otters are most active between dusk and dawn;
Access to open-water habitats, including freshwater sites should be
safeguarded at all times;
Any temporarily exposed open pipe system should be capped in such a
way as to prevent otters gaining access, as may happen when contractors
are off-site.
All personnel involved in the development should be made aware that
otters may be present in the area, and of the requirement to follow the
measures listed above in order to avoid disturbance to the species.

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Proposed Siting of Two Semi-detached Houses at Petticoat Lane, Orphir
(10/068)
Appendix 5
GRANT subject to the following conditions
01. That within three years of the date of this permission, an application for approval
of the matters specified in condition 02, shall be made to the Planning Authority.
Reason: To accord with the Town & Country Planning Act 1997 (as amended).
02. That before development starts a written application and plans, in respect of the
following matters, shall be submitted to, and approved by, the Planning Authority:
(a)
(b)
(c)
(d)
(e)
(f)
the siting, design and external appearance of all buildings and other
structures, including a plan and sections showing ground levels of the site
and how the dwelling will be dug in to the slope so that all foundations will
not be built on top of a sloping site,
the means of access to the site,
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 including SuDS, and
the disposal of sewage.
Reason: The approval is in principle only.
03. The development shall commence within 2 years from the date of the last of the
conditions imposed on the planning permission in principle to be approved by the
Planning Authority.
Reason: To accord with the Act.

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Appendix 6
Proposed Siting of a Replacement House on Land near Hindatoon Farm, Harray
(10/070)
GRANT subject to the following conditions
01. That within three years of the date of this permission, an application for approval
of the matters specified in condition 02, shall be made to the Planning Authority.
Reason: To accord with the Town & Country Planning Act 1997 (as amended).
02. That before development starts a written application and plans, in respect of the
following matters, shall be submitted to, and approved by, the Planning Authority:
(a)
(b)
(c)
(d)
(e)
(f)
the siting, design and external appearance of all buildings and other
structures, including a plan and sections showing ground levels of the site,
the means of access to the site,
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 including SUD’s and the provision of details
of surface water drainage proposals that will be required to prevent the flow
of surface water onto Grimeston Road, and
the disposal of sewage.
Reason: The approval is in principle only.
03. The development shall commence within 2 years from the date of the last of the
conditions imposed on the planning permission in principle to be approved by the
Planning Authority.
Reason: To accord with the Act.
04. The existing derelict and ruinous dwelling known as Horroquoy shall be
demolished prior to the commencement of the development hereby granted in
principle as shown on the Site Plan stamped approved and attached to this
Decision Notice.
Reason: In pursuance of Orkney Local Plan policy LP/H2. The development
hereby approved is for the replacement of a derelict or ruinous dwelling, and
shall include the demolition of the original dwelling.

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05. The vehicular access to the development shall be fully constructed to the
Council’s Road Services specifications for ‘access over verge with service bay’
attached to and forming part of this Decision Notice, prior to the commencement
of the development hereby permitted in principle, unless otherwise agreed in
writing by the Planning Authority.
Reason: To ensure a suitable standard of access provision in the interests of
road safety.