Minutes - 13 September 2007 - Orkney Islands Council

961 

MINUTE of the SPECIAL MEETING of 

the ENVIRONMENT, PLANNING AND 

PROTECTIVE SERVICES 

COMMITTEE of ORKNEY ISLANDS 

COUNCIL held in COUNCIL OFFICES, 

KIRKWALL on 13 SEPTEMBER 2007 

at 10am 

Present: 

Clerk to the 

Committee: 

In Attendance: 

Observing: 

Apologies: 

Councillors Michael J F Drever, James W R Moar, Janice Annal, 

John H Eccles, Alistair C Gordon, T Stephen Hagan, Allan E Leslie, 

James W Stockan and David R Tullock 

Gavin Cameron, Administrative Officer 

Alastair Banks, Principal Planner (Development Management) 

Craig MacInnes, Planning Officer 

Margaret Gillon, Planning Officer 

Jamie Macvie, Planning Officer 

Roddy MacKay, Head of Planning Services 

Councillors James Foubister, Robert K Leslie and Roderick R McLeod 

Councillor Michael J F Drever in the Chair 

1 PLANNING APPLICATION NO. 07.330 

PROPOSED CONSTRUCTION OF ACCESS ROAD AND SERVICING FOR 

NINE HOUSE PLOTS ON LAND NEAR MAKERHOUSE, DOUNBY 

After consideration of a report by the Director of Development Services, copies of which had 

been circulated, and after hearing a report from M Gillon, Planning Officer, the Committee:- 

NOTED:- 

1.1 that a letter of objection had been received from Mrs Hilary A Morrell, Linden, 

Dounby. 

The Committee RESOLVED, in terms of delegated powers:- 

1.2 that conditional consent should be issued in respect of the proposed construction of an 

access road and servicing for nine house plots on land near Makerhouse, Dounby, 

application number 07.330, subject to:- 

1.2.1 prior to development commencing on site, the applicant submitting, for the 

written approval of the Director of Development Services, plans showing the 

construction phasing for the development, with the works then being 

completed in accordance with the approved plans;

962 

1.2.2 prior to the commencement of each phase of development on site, the 

applicant submitting, for the written approval of the Director of Development 

Services, plans showing the location of the construction compound and the 

precise location of the works access, with the construction compound and 

works access being located in accordance with the approved plans; 

1.2.3 work on site only being carried out between 8am and 6pm Mondays to 

Fridays, between 9am and 5pm on Saturdays and not at all on Sundays:- 

1.2.3.1 work may be undertaken outwith the periods, referred to at 

paragraph 1.2.3 above, only with the prior written consent of the 

Director of Development Services; 


written approval of the Director of Development Services, a drainage scheme 

for the development, with the drainage scheme being completed prior to the 

completion of the development hereby permitted, to the written satisfaction of 

the Director of Development Services; 


written approval of the Director of Development Services, a detailed plan 

showing the sustainable urban drainage system for the roads and providing a 

detailed system to ensure the sites, when sold, would each be able to achieve 

satisfactory surface drainage; 


written approval of the Director of Development Services, full details of the 

street lighting within the site; 

1.2.7 prior to occupation of the first house within the development hereby 

permitted, the footway adjacent to the A986 being completed; 

1.2.8 prior to development commencing on site, details of an archaeological 

investigation of the site being agreed, in writing, by the Director of 

Development Services, such investigation to include:- 

1.2.8.1 a desk-based assessment; 

1.2.8.2 a walk-over survey of the entire site; and 

1.2.8.3 a geophysical survey (magnetometry); 

1.2.9 a full report being prepared recording all items of archaeological interest and 

a mitigation strategy, should the investigations, referred to at paragraph 1.2.8 

above, indicate potential archaeology; and 

1.2.10 the development hereby permitted being commenced within five years of the 

date of this consent. 

Councillor J H Eccles joined the meeting during discussion of this item.

963 


PROPOSED SITING OF A HOUSE AT SAVEDALE, STENNESS 

RESOLVED to note that this item had been withdrawn. 


PROPOSED ERECTION OF A HOUSE ON LAND NEAR SKIBBOWICK, 

TANKERNESS 


been circulated, and after hearing a report from C MacInnes, Planning Officer, and 

representations from Ian M Cunningham, objector, on behalf of himself and Allan Pugh, 

objector, and representations from Mr A H MacKenzie, the agent representing the applicants, 

Mr and Mrs D Woodcock, the Committee:- 

NOTED:- 

3.1 that letters of objection had been received from:- 

3.1.1 Ian M Cunningham, Feaquoy, Tankerness; and 

3.1.2 Allan Pugh, Denhead, Tankerness. 

On the motion of Councillor A C Gordon, seconded by Councillor T S Hagan, the Committee 

RESOLVED, in terms of delegated powers:- 

3.2 that conditional consent should be issued in respect of the proposed erection of a house 

on land near Skibbowick, Tankerness, application number 07.393, subject to:- 

3.2.1 this consent superseding planning permission number 97.19.386, with the 

development hereby permitted being the only house permitted on the site; 

3.2.2 prior to any development commencing on site, full details of a service bay, to 

be provided at the junction of the access junction with the public road, being 

submitted to, and approved in writing by, the Director of Development 

Services, with the approved details thereafter being implemented to the 

written satisfaction of the Director of Development Services; 

3.2.3 the materials to be used on all external walls and roofs being in accordance 

with the details lodged in the application form, and on the plans hereby 

approved, unless otherwise agreed, in writing, by the Director of 

Development Services; and 


date of this consent.

964 


PROPOSED ERECTION OF A HOUSE AT COLLINGWOOD, 

NORTH END ROAD, STROMNESS 


been circulated, and after hearing a report from M Gillon, Planning Officer, on the motion of 

Councillor J W R Moar, seconded by Councillor J H Eccles, the Committee:- 


4.1 that the application for the proposed erection of a house at Collingwood, North End 

Road, Stromness, application number 07.400, should be refused on the grounds that the 

development of a house on a restricted backland plot would result in overdevelopment 

of the site and in the provision of an unsatisfactory level of amenity for the proposed 

house and, given that the site was at the top of an embankment, which would therefore 

make the house prominent, it would be detrimental to the area and contrary to:- 

4.1.1 Policy LP/H1 New Housing Development Within Settlement Boundaries, of 

the Orkney Local Plan 2004; 

4.1.2 Policy LP/H5 Siting, Design and Environmental Quality, of the Orkney Local 

Plan 2004; 

4.1.3 LP/DC1 Criteria for Development, of the Orkney Local Plan 2004; and 

4.1.4 LP/DC2 Location, Siting and Design, of the Orkney Local Plan 2004. 


PROPOSED ERECTION OF A HOUSE ON LAND NEAR LITTLE QUOYS, 

LIGHTHOUSE PARK, DEERNESS 


been circulated, with reference to the Minute of the Meeting of the Planning Referrals 

Sub-committee held on 23 November 2006, paragraph 2, and after hearing a report from 

C MacInnes, Planning Officer, and representations from Mr R Thomson, the agent 

representing the applicant, Mr J Foubister, the Committee:- 

NOTED:- 

5.1 that a letter of representation in support of the proposed development had been received 

from the applicant’s agent, Mr R Thomson, IDEA, Cot O’ Paplay, Holm; and 

5.2 the recommendation of the Director of Development Services that the application for 

the proposed erection of a house on land near Little Quoys, Lighthouse Park, Deerness, 

application number 07.403, should be granted, subject to conditions.

965 

Councillor A E Leslie proposed a motion that the application for the proposed erection of a 

house on land near Little Quoys, Lighthouse Park, Deerness, application number 07.403, 

should be granted, subject to conditions. On receiving no seconder his motion fell. 

On the motion of Councillor A C Gordon, seconded by Councillor J H Eccles, the Committee 


5.3 that the application for the proposed erection of a house on land near Little Quoys, 

Lighthouse Park, Deerness, application number 07.403, should be refused on the 

grounds that the proposed development would be contrary to:- 

5.3.1 Policy LP/H2 Housing in the Countryside, of the Orkney Local Plan 2004, as 

the house would be located outwith the Local Housing Area of Lighthouse 

Park, Deerness; and 

5.3.2 the decision of the Planning Referrals Sub-committee on 23 November 2006 

in that the application for approval of reserved matters did not indicate the 

house being sited only within the area of the site that was within the Local 

Housing Area of Lighthouse Park, Deerness. 

Councillor J Annal joined the meeting during discussion of this item. 

6 PLANNING APPLICATION NO. 07.413 

PROPOSED SITING OF A HOUSE FOR AN AGRICULTURAL WORKER AT 

BULLABROW BRIDGE, SWARTLAND ROAD, DOUNBY 

After consideration of reports by the Director of Development Services, copies of which had 

been circulated, and after hearing a report from J Macvie, Planning Officer, and 

representations from Scott Flett and Fiona MacDonald, applicants, and from Neil MacDonald, 

on behalf of the applicants, the Committee:- 

NOTED:- 

6.1 that a letter of representation in support of the application had been received from the 

applicants, Mr S Flett and Miss F MacDonald, Carendabel, Dounby. 

Councillor A C Gordon, seconded by Councillor J H Eccles, proposed a motion that the 

application for the proposed siting of a house for an agricultural worker at Bullabrow Bridge, 

Swartland Road, Dounby, application number 07.413, should be refused. Councillor J Annal, 

seconded by Councillor D R Tullock, proposed a motion that consideration of the application 

should be deferred, to a future meeting of the Committee, to enable members to make a visit 

to the site of the proposed development. On a vote being taken 4 members voted for the 

amendment and 5 for the motion, and the Committee:- 


6.2 that the application for the proposed siting of a house for an agricultural worker at 

Bullabrow Bridge, Swartland Road, Dounby, application number 07.413, should be 

refused on the grounds that:- 

6.2.1 no justification had been provided to satisfy any of the criteria set out in 

Policy LP/H2 Housing in the Countryside, part d) Housing for Rural 

Business, of the Orkney Local Plan 2004;

966 

6.2.2 the proposed development did not meet any of the other criteria for housing 

in the countryside set out in Policy LP/H2 Housing in the Countryside, of the 

Orkney Local Plan 2004; and 

6.2.3 would, if approved, set an undesirable precedent, both in the proposed 

location and other areas. 


PROPOSED ERECTION OF A GARAGE AT 22 ROYAL OAK ROAD, 

KIRKWALL 


been circulated, and after hearing a report from J Macvie, Planning Officer, the Committee:- 

NOTED:- 

7.1 that a letter of objection had been received from Mrs S Cramb, 10 Royal Oak Road, 

Kirkwall. 

The Committee RESOLVED, in terms of delegated powers:- 

7.2 that conditional consent should be issued in respect of the proposed erection of a garage 

at 22 Royal Oak Road, Kirkwall, application number 07.414, subject to:- 

7.2.1 the materials to be used on all external walls and roofs matching those of the 

existing and adjacent house in colour and texture; and 


date of this consent. 


PROPOSED EXTENSION TO A HOUSE AND CREATION OF AN ACCESS AT 

FRENNEBO, 32 HILLSIDE ROAD, STROMNESS 

RESOLVED to note that this item had been withdrawn. 

9 CONCLUSION OF MEETING 

At 11am the Chairman declared the meeting concluded. 

Signed: Michael Drever

Minutes - 13 September 2007 - Orkney Islands Council

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