Standard Report for Planning Applications - Comhairle nan Eilean Siar

REPORTS/DC/ CLADDACH KIRKIBOST
ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 15 APRIL 2008
ERECT 2 HOUSES AT CLADDACH KIRKIBOST, NORTH UIST
APPLICATION FOR PLANNING PERMISSION (REF. NO. 08/00060)
Report by Director for Sustainable Communities
PURPOSE OF REPORT
Since representations have been made against the proposals,
this matter should not be dealt with under delegated powers
and is presented to the Committee for a decision.
COMPETENCE
1.1 There are no legal, financial or other constraints to the recommendations being
implemented.
SUMMARY
2.1 This is an outline application to erect two houses at Claddach Kirkibost. The sites
are situated to the west of the A865 and are close to the Westford Inn. Objections
have been received on various grounds including drainage, previous conditions not
being complied with, proximity to a listed building and impact on the existing access
road. It is considered that the objections can either be dealt with by conditions or
informatives or are not material considerations when determining a planning
application. It is therefore recommended that the application be approved subject to
conditions.
RECOMMENDATION
3.1 It is recommended that the application be APPROVED subject to the conditions
shown in Appendix 1.
APPENDIX 1. Schedule of proposed conditions
2. Location and any other relevant plans.
Contact Officer
Background Papers: 1. None.
Hannah Morrison Tel 01870 602425 Ext 837 e-mail:
HMORRISON@CNE-SIAR.GOV.UK

DESCRIPTION OF THE PROPOSAL
REPORT DETAILS
4.1 It is proposed to erect two houses at Claddach Kirkibost. The sites will be serviced
by an existing access road that currently serves 5 houses to the west of the A865.
One site is infill development between two properties the other site approximately 40
metres to the north the first plot and to the rear of Westford Inn. The application is
outline and therefore no further details are required at this stage. See plan(s) at
Appendix 2.
4.2 The application was submitted by Mr W J A Quarm, Sealladh Traigh, Claddach
Kirkibost, North Uist on 6 February 2008.
REPRESENTATIONS
5.1 Representations have been received from the following:
a) Mr W Marshall, Clova House, Claddach Kirkibost, North Uist
b) Mr A Smithyman, Willow Cottage, Claddach Kirkibost, North Uist
c) Mr A McKay, Westford Inn, Claddach Kirkibost, North Uist
5.2 The full terms of the representations can be read on file at the Department for
Sustainable Communities. However, they can be summarised as follows:
a) “The original outline consent, there was a condition that the area surrounding
the plots was to be landscaped and planted. This condition was never
implemented and no action was taken by the Planning Authority to enforce
this. I would ask that this original condition be reintroduced to all of the area
shown hatched in green on the new application.”
b) “A further condition to reinstate an existing dry stone dyke was similarly
ignored and no action was taken. I would ask that this original condition be
reintroduced.”
c) “The area shown as Plot 2 is badly drained. Any construction on the site will
result in an increase in hardstanding area and reduce the ability of the plot to
drain. This will have an impact on both plots 1 and 3. I would ask that you
add a condition that the open ditch shown in the plan between plots 2 and 3
from the dry stone dyke to the open drain at the access road be culverted.
As should the ditch at the boundaries of Plots 1 and 2 adjacent to the access
road.”
d) “At the moment the maintenance of the access road is shared between the
five houses which it serves. The possible construction of two new properties
may have an adverse effect on its condition. I would ask that a condition is
inserted that reinstatement of any damage will be the responsibility of the
applicant unless passed to the developer in future planning applications.”
e) “At present the junction of the access road and A865 is the site for our bin
collection point. There are already 6 bins deposited there. This has caused
sight line problems and has resulted in an accident resulting in the car being
written off. Further development as proposed would result in an increase in
the number of bins and an increased risk. I would ask that a hardstanding for
the bins should be constructed to the Comhairles satisfaction and in a
position which will allow safe entry and exit of the access road.”
f) “A great many new building developments are not sympathetic to the
environment. This is more profoundly so in the immediate area around the
Westford Inn and we are increasingly receiving adverse comments from
visitors to the islands in regard to their disappointment with the building
works. We take the Grade B listing of the Westford Inn very seriously and
any development or maintenance that we undertake is carefully considered.
However, over recent years new buildings appeared in the surrounding area
previously open land, that in their appearance, design and materials are
considered to be unsympathetic to the style of the Westford Inn.”

g) “In addition to this the Westford Inn is now starting to become enclosed by
new developments, two new houses have been built in the last three years
and a third is underway. Each new house is increasingly close to the
grounds of the Westford Inn. As a result of this we have now lost the view of
Eaval and two further houses proposed for the southwest of the Westford Inn
would remove the view over to the Atlantic and Kirkibost Island.”
h) “By continuing to enclose the Westford Inn the attractiveness of the property
to visitors is being eroded and reducing the assets of the business. In the
summer months we have a great many visitors who sit outside to be able to
enjoy the landscape. This will no longer be the case if further developments
in the area continue.”
i) “Further to this more building development in the immediate area surrounding
Westford Inn is likely to cause us problems in regard to complaints from
neighbours….and it is entirely likely that we will be receiving complaints in
regard to our having customers and the associated noise and human traffic
which running a pub entails. All of which can be avoided simply by not
building so close to the Inn.”
j) “Westford Inn enjoys mooring rights at the seashore and a right of access to
those moorings. We are currently engaged in the painstaking process of
trying to clearly establish where those rights are. It may well be that the right
of access is where one of the proposed developments would be built.”
k) “On one of the proposed development plots there is an existing septic tank. I
understand that the tank relates to previous structures that related to the
Westford Inn…It may well be that this area of land, proposed for a
development plot on which the septic tank sits, is therefore still attached to
the Westford Inn, as it would seem odd to not have included it in the main
grounds surrounding the building. As mentioned earlier this is something we
are engaged in confirming and establishing via our solicitors…”
l) “As a solution to any new building work in the area around the Westford Inn
that actually may be required, would it be useful to consider whether there
should be a minimum distance away from the Westford Inn that any new
developments should be built?”
RESPONSES TO CONSULTATION
6.1 The full terms of the comments that have been received in response to consultation
can be read on file at the Department for Sustainable Communities. The following
are those that are relevant to the determination of this application.
Building Standards
6.2 No comments.
Environmental Health
6.2 “Refuse bins must be taken to the verge of the A865 highway for collection at the agreed
intervals.”
Contaminated Land Officer
6.3 No adverse comments.
Conservation Officer
6.4 Awaited.

Roads
6.5 “Properties/sites served by an unadopted road which has fairly recently been
resurfaced. Would advise formation of a turning head at then end of the road to
cater for possible future use i.e bin wagon. Septic tank drainage should be taken
through road to discharge on west side...”
Scottish Water
6.6 Awaited.
Scottish and Southern
6.7 Awaited.
VIEWS OF APPLICANT
7.1 The full terms of the views of the applicant can be read on file at the Department for
Sustainable Communities. However, they can be summarised as follows:
a) “Former Planning Officer Mr Alastair Banks agreed to waive the landscaping and wall
repair conditions after it was explained that the proceeds of the sale of Plots 1 and
3…was all expended in forming the access road, fencing off this road, fencing the
plots and leading in mains water to both plots. I am able to demonstrate at my own
property that in order for trees to grow at such an exposed location as Claddach
Kirkibost, windbreak fencing has to be erected. The cost of enclosing the area
surrounding the plots with this type of fencing would be prohibitive. When in the past
part of the stone wall was demolished the stone was removed from the site (believed
to be used in the construction of the public bar at Westford Inn). In order to
reconstruct the missing part of the two metre high wall, stone would have to be
acquired and imported at further cost.”
b) “Plot 3 is badly drained as it has been used for the past 12/14 years by Mr Marshalls
sons and other local children as a football pitch. There is no reason why the drains
indicated by Mr Marshall cannot be culverted as he suggests. This requirement
could be passed on to the plot purchaser.”
c) “Damaged caused to the access road by future plot purchasers would obviously be
their responsibility and future maintenance costs for virtually the same length of road
would be shared by seven instead of five.”
d) “I do not recall any bins being at the junction the day Mrs Marshall had her accident,
in fact initially Mrs Marshall said our B&B notice board obstructed her view, this she
later retracted. For the past twenty years there have been bins at the road junction
once a week and more recently once a fortnight. If the waste disposal team were
agreeable there is an area behind the bus shelter which is also at the road junction
where bins could await collection.”
e) “I am a former proprietor of Westford Inn and in my view the more people you have
living within walking distance of the pub the better for business. The building was
built as a Doctor’s house in the 1870s and converted to an Inn in 1885. Westford Inn
is situated facing North East towards the main public road i.e away from Plot 4. The
only window with a view towards Kirkibost Island and the Atlantic is from the Kitchen
area. A building on plot 2 would be between those existing on Plots 1 and 3 and
would not affect any view from the Inn.”
f) “As regards complaints from neighbours to activities at Westford, it is agreed that the
Inn was there first but up until the 1960s the bars closed at 9.00pm and they did not
play loud amplified music. I am sure that if the Inn is operated within the legal
restriction of noise and behaviour as required of every pub and bar throughout the
country, there will be no justified complaints from neighbours.”
g) “There are no mooring rights. If Westford Inn enjoyed mooring rights at the seashore
they would be have been granted by Crown Estate Commissioners and as the Land
Owner of all the land between the Inn and the shore I would have been made aware
of this. Should Mr McKay wish to gain access to the shore he may do so through the
field gate to the South of my house down the track alongside my southern boundary.”

h) “Mr McKay has no claim on the former septic tank, it became obsolete when I
removed the Mobile Home from the Westford Site in 1986. The moving of the
Nissan Hut (an agricultural building) the same year is irrelevant.”
DECISIONS AFFECTING THE SITE
8.1 The following decisions relate to the site:
Ref. No. Description Decision Date
a) 91/26 Erect 3 Houses Approved subject to conditions 30/07/91
THE DEVELOPMENT PLAN
9.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 says, “Where, in
making any determination under the planning Acts, regard is to be had to the
development plan, the determination shall be made in accordance with the plan
unless material considerations indicate otherwise.” Attention is therefore drawn
initially to any relevant policies or other elements of the development plan. This is
then followed by comment on any other material considerations before a conclusion
is reached.
9.2 Western Isles Structure Plan
Plan Ref Relevant Terms Implications For This Case
DM1 Development proposals that can be absorbed
without harming the local social, economic or
This proposal can be absorbed
without harming the local social,
environmental characteristics of the economic or environmental
Sustainable Community Area in which they are characteristics of the area.
located, will generally be supported.
The Local Plan will identify development The application site is within the
opportunity sites within settlements and settlement and therefore
townships based on the following sequential complies with this policy.
approach:
i) firstly, re-using vacant or underutilised
land/buildings already
developed (‘brownfield sites’) or
emerging re-development
opportunities;
ii) secondly, land available in or near
the middle of the settlement or
township; and
iii) thirdly, land available elsewhere in
DM7
the settlement or township.
In dealing with applications for development
the Comhairle will take account of the
requirements of other relevant Structure Plan
policies and will ensure:
i) quality siting, landscaping and
designs that incorporate sustainable
management techniques. (In this
regard the Comhairle will
encourage development that follows
the guidance contained in the
Scottish Executive publication
‘Designing Places’ as well as its
own Design Guidance);
ii) no undue harm to neighbouring
This is an outline application
and it is not necessary to submit
details of the design and siting
of the house at this stage.
There should be no undue harm
to neighbouring uses as a result

RM13
uses as a result of the
development;
iii) appropriate measures are in place
for the safe movement of traffic and
associated parking both on and off
site;
iv) there will be no pollution outwith
prescribed limits to air, land, fresh
water or sea;
v) there will be no likelihood of causing
harmful erosion;
The protection, maintenance and where
possible, enhancement of built heritage
resources.
The Comhairle will seek to conserve the
special architectural and historic interest of
Listed Buildings and their settings…
of this development.
The sites will be accessed from
an existing track that currently
serves five houses
There will be no pollution
outwith prescribed limits to air,
land, fresh water or sea.
There will be no likelihood of
causing harmful erosion.
By the use of conditions the
impact on the setting of the
listed building will be minimised.
It is considered that by the use
of landscaping conditions and
requiring a high level of design
for plot 4 the impact on the
setting of the listed building will
be minimised.
9.3 Finalised Western Isles Local Plan (Intention to adopt)
Plan Ref Relevant Terms Implications For This Case
LP/DM1
In assessing development proposals an appropriate In assessing the development
and acceptable quality of development and design proposal account has been
that relates to setting will be required. Account will taken of structure plan policy
be taken of Structure Plan policy DM7 and of the DM7 and the appendices
considerations set out in:
contained in the local plan.
a) Appendix 2: Development and Design
Considerations
b) Appendix 3: Car Parking Provision
c) Appendix 4: Roads and Access.
In assessing developments, potential cumulative
impacts will be considered on the area as a whole.
Appendi
x 2
In dealing with applications for development the
Comhairle will take account of any approved
national and local design guidance. It will seek
to achieve, particularly at the negotiation stage,
an appropriate and acceptable quality of
development and design especially in relation to:
i) location – appropriate and sympathetic
location in the landscape or townscape.
ii)
iii)
siting – careful placement on site, in
relation to existing landform, development
patterns, amenity and energy conservation
via solar gain and shelter.
levels – attention will be given to levels,
excavation and under-building with a view
to minimising impact. (Plans should show
an accurate representation of how the
The proposed location for the
house is in a sympathetic
location within the landscape.
Details of the siting of the
houses within the plots has not
been submitted as part of the
application.

proposed development would lie on the
site, for example on sloping or undulating
ground. In sensitive locations detailed
information, such as cross sections, may be
requested.)
This issue will be dealt with the
reserved matters stage as this
information is not necessary for
an outline application.
iv)
size and form – should relate to sky line,
landform and existing buildings.
v) density, layout and orientation – should
relate to character, amenity and privacy of
neighbouring properties.
vi)
materials, colour, proportions and
detailing – should take account of existing
setting and environmental impact. Use of
recycled materials and sustainable sourced/
manufactured building materials is
encouraged. The opportunity to maximise
energy efficiency via insulation, glazing,
heating systems and reduction in heat loss
should be taken. Waste minimisation
including provision for collection,
segregation, recycling and waste
composting should be considered.
vii) landscaping and boundaries –
landscaping and boundary treatments can
help integrate a site into its wider setting as
well as providing an attractive overall
development. Any cumulative impacts on
the wider area arising from individual
proposals should be assessed to ensure
significant detrimental effects are avoided.
iv)
ii)
iii)
iv)
In addition to the above, the Comhairle will take
account of the following considerations when
assessing and guiding housing development in
settlements. These draw together guidance
provided in Structure Plan (SP) and Local Plan
(LP) policies.
The relationship of the development to
existing settlement/built form should be
sympathetic in terms of pattern, density,
scale and appearance (SP/DM1; SP/DM7;
LP/DM1; LP/HCL1).
Any detrimental impact on neighbouring
uses/amenity should be minimised e.g. in
terms of proximity, privacy, orientation of
new houses (SP/DM7).
Proposals should not adversely affect the
overall character or crofting viability of
the township (SP/RM1).
Development should have regard to the
availability of supporting infrastructure
(SP/DM5; SP/DM6; LP/DM3).
v) Satisfactory access and parking
should be provided to avoid such problems as
congestion on single track roads (SP/DM7)….
Details of the size and form of
the proposed house shall be
submitted at the reserved
matters stage.
The proposed house will not
unduly affect the density of the
settlement.
The details of the materials,
colour and proportions will be
submitted at the reserved
matters stage.
By using landscaping
conditions the impact on the
setting of the listed building will
be reduced.
The application site is within the
settlement, details of the scale
and appearance have not been
submitted as part of the outline
application.
The impact on neighbouring
uses and amenity will be
minimal as a result of this

development.
LP/RM1
In assessing development proposals affecting
conservation areas and listed buildings or their
settings, account will be taken of Structure Plan
policies RM12 and RM13 as well as the
considerations set out in:
a) Appendix 5: Development affecting Listed
Buildings
b) Comhairle approved Conservation and
Thatched Buildings policies. …
The proposal will not adversely
affect the overall character or
crofting viability of the township.
The house sites can be
serviced by the public water
supply and will be served by a
septic tank.
The development should not
result in the congestion on the
access track.
It is considered that by the use
of landscaping conditions and
requiring a high level of design
for plot 4 the impact on the
setting of the listed building will
be minimised.
.
LP/HCL1
In addition to national and Structure Plan guidance,
the assessment of proposals for housing will take
account of:
a) location of the development within the
settlement;
b) scale, density* and appearance of the
development in relation to its surroundings;
c) need for housing and impact on the existing
settlement, including socio/economic factors.
More detailed requirements are set out in Appendix
2.
The application site is within the
settlement.
The scale and appearance of
the development will be
determined at a later stage.
The impact on the existing
settlement will be minimal
OTHER PLANNING CONSIDERATIONS
Compliance with Previous Consent
10.1 The time for enforcing conditions attached to the previous consent has expired.
Although the land which formed the site of the previous application is under the same
ownership as the applicant for this application the land that was subject to
landscaping conditions does not form part of this application site. Therefore it is not
possible to reinstate any previous conditions. It is considered that this issue does not
merit refusal of the application.

Drainage
10.2Drainage is a material consideration when determining a planning application. The
applicant has shown the siting of the septic tanks on the plan but at the time of writing
the report percolation tests had not been carried out. On plot 2 there is an open ditch
running along the length of northern boundary.
10.3To comply with the Building Standards Regulations, the septic tank and soak away have
to be a minimum distance of at least 5m from the site boundary and 10m from a water
course (including a ditch). It is considered that there is availability on the site for an
alternative location for the septic tank and soakaway.
10.4Although some of the objectors were wanting the open ditch to be culverted and the
applicant is in agreement, SEPA have verbally confirmed that open ditches can not be
culverted for land gain. However, they can be culverted through a vehicular access.
Both the issue of the septic tanks and the open ditch can be dealt with by conditions and
does not merit refusal of the application.
Access Road
10.5 The access road extends as far as Clova house, has recently been surfaced. It will
have to be extended to service Plot 4. Although a condition can not be used to
address this issue an informative can be added to the consent advising that any
damage done to the access road during the construction phase is repaired by the
applicant/ developer. This objection does not merit refusal of the application.
Visibility
10.6 It is acknowledged that the proposal will result in an increase in the number of bins
left at the junction on a weekly basis. However, the junction of the access road
serving the sites and the A865 does not form part of the planning application site and
is otherwise unaffected by the planning application. It is determined that this issue
does not merit refusal of the application.
Design
10.7 This is an outline application and the design of the properties has been left as a
reserved matter to be determined at a later stage. Although we can not use a
condition regarding design, an informative has been included requesting a high level
of design for plot 4 to help reduce the impact on the setting of the listed building.
Impact on setting of Listed Building
10.8 The eastern boundary of Plot 4 is approximately 13m from the boundary of Westford
Inn and approximately 43m from Westford Inn. The only view of Westford Inn when
travelling along the A865 where the development of this plot may have an impact on
the setting of the Listed Building is when you are outside the Westford Inn looking
west. It is considered by using landscaping conditions covering the eastern
boundary and asking for a high level of design will reduce the impact of the
development on the setting of the Listed Building.
Noise
10.9 An objector has objected on the grounds that having too many residential properties
close to Westford Inn could potentially result in noise complaints from local residents.
While it is acknowledged that this may happen it is considered that by landscaping
the eastern boundary of the site, this will help mitigate against any noise arising from
the Westford Inn.
Right of Access and Landownership
10.10 The issue of landownership and right of access to the shore is a legal matter and not
a planning consideration. Therefore, we cannot refuse the application on these
grounds.

Loss of View
10.11 Loss of view is not a material planning consideration when determining a planning
application therefore account of this issue cannot be considered when determining
the planning applications.
CONCLUSIONS
11.1 This is an outline application for two house plots within the township of Claddach
Kirkibost. Several objections have been received including, impact on the setting of
a listed building, increase in the number of bins being left at the junction with the
A865, drainage, and impact on the access road. It is concluded that the objections
can either be addressed by condition or are not a material planning consideration
when determining a planning application. It is therefore recommended that the
application be approved subject to conditions.

Appendix 1
SCHEDULE OF PROPOSED CONDITIONS
APPLICATION REFERENCE NO: 08/00060
Comhairle nan Eilean Siar has imposed the following legally enforceable conditions
on the grant of this planning consent for the reasons stated with each condition.
Condition 1 No part of the development to which this outline planning
permission relates shall commence until the following details
(known as reserved matters) have been submitted to, and
approved by the Comhairle as planning authority: the siting,
design and external appearance of the development, the means
of access to the development.
Reason To comply with section 59 of the Town and Country planning
(Scotland) Act 1997.
Condition 2 The reserved matters required by Condition No 1 above shall be
submitted to the Comhairle as planning authority within three
years of the date of this permission. (Note: After three years,
this permission will expire if reserved matters have not been
submitted)
Reason To comply with section 59 of the Town and Country Planning
(Scotland) Act 1997.
Condition 3 The development to which this planning permission relates shall
commence not later than five years from the date of this
permission, or not later than two years from approval of all
reserved matters, whichever is the later.
Reason To comply with section 59 of the Town and Country planning
(Scotland) Act 1997.
Condition 4 The houses to which this planning permission relates shall not
be used until the details shown on the access diagram, ref
08/00060 accompanying this planning permission have been
implemented. These shall then be retained throughout the life of
the development to the satisfaction of the Comhairle as planning
authority.
Reason In order to secure the satisfactory development of the site in the
interests of road safety.
Condition 5 Throughout the life of this development, hereby granted planning
permission, no drain or open ditch shall be culverted with the
exception of through a vehicular access.
Reason In order to define the permission and avoid doubt.

Condition 6 Details submitted in accordance with Condition 1 above shall
include a scheme for the landscaping of the eastern boundary of
the sites. No part of the development to which this planning
permission relates shall commence until the Council has issued
approval of the scheme in writing.
Reason In order to secure the satisfactory development of the site in the
interests of the visual amenity of the area.
Condition 7 The scheme of landscaping shall be carried out in accordance
with the scheme submitted and approved to comply with
Condition 6 above. All of the work relating to the approved
scheme shall be completed no later than in the first planting
season following the first use or completion (whichever is the
sooner) of the development approved by this planning
permission unless an alternative phasing for implementing the
scheme has been approved in writing by the Comhairle as
planning authority before the development starts in which case
the scheme shall be implemented in accordance with the
approved phasing. The approved landscaping scheme shall then
be retained throughout the life of the development.
Reason In order to ensure the implementation of the approved landscaping in
the interests of the amenity of the area.
Condition 8 Any trees, shrubs or other plants required to comply with
condition 6 and which die, or are removed or become seriously
damaged or diseased, within a period of five years from the first
use or completion (whichever is the sooner) of the development
shall be replaced in the next planting season with others of
similar size and species unless the Comhairle, as planning
authority, gives written consent to any variation.
Reason In order to safeguard and care for the landscaping in the long-term
interests of the appearance and amenity of the area.
Condition 9 Prior to the commencement of the development, details of the
method of surface water drainage of the site shall be submitted
to the Comhairle for approval. The approved scheme shall then
be implemented and shall be retained throughout the life of the
development.
Reason To ensure satisfactory drainage of the development site.
Condition 10 Details submitted in accordance with Condition 1 above shall
include details of an alternative siting of the septic tanks and
outfall systems (or other sewage disposal facility). Such
provisions shall be retained throughout the life of the
development unless agreed otherwise in writing with the
Comhairle
Reason In order to ensure that the sewage disposal facilities are sited and
constructed satisfactorily in the interests of public health.
In addition to the above conditions, please note that:

4 Refuse bins must be taken to the verge of the A865 highway for collection at the
agreed intervals.
5 Technical Services would advise the formation of a turning head at the end of
the road to cater for possible future use i.e. bin wagon. The septic tank drainage
should be taken through the road to discharge on west side.
6 To comply with the Building (Scotland) Regulations 2004 the septic tank and
outfall system must be a minimum of 5m from the site boundary and 10m from a
water course or ditch.
7 Surface water requires to be treated by use of a Sustainable Drainage system
(SuDS). For further information refer to Planning Advice Note 61 Planning And
Sustainable Urban Drainage Systems on
http://www.scotland.gov.uk/Topics/Planning/AdviceGuidance or visit the SEPA
website www.sepa.org.uk or the local SEPA office (01851 706477).
8 You are advised that due to the close proximity of Plot 4 to Westford Inn a high
level of design will be required. A copy of the Comhairles Design Guidance for
New Houses has been attached to the consent for your information
9 Any damaged caused to the existing access road during the construction of the
development shall be repaired by the applicant/ developer.

Appendix 2

07/08/2008