Standard Report for Planning Applications - Comhairle nan Eilean Siar

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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
Page 1 and 2: REPORTS/DC/ CLADDACH KIRKIBOST ENVI
Page 3: g) “In addition to this the Westf
Page 7 and 8: proposed development would lie on t
Page 9 and 10: Drainage 10.2Drainage is a material
Page 11 and 12: Appendix 1 SCHEDULE OF PROPOSED CON
Page 13 and 14: 4 Refuse bins must be taken to the
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