Standard Report for Planning Applications - Comhairle nan Eilean Siar

ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 9 FEBRUARY 2010
APPLICATION FOR PLANNING PERMISSION TO SITE A PORTACABIN AS A
TEMPORARY OFFICE AND STORE WITH STAFF CAR PARKING AND ACCESS
TO AND FROM THE SEA, MARAIG, ISLE OF HARRIS
(REF NO 09/00607/PPD)
Report by Director of Development
PURPOSE OF REPORT Since this proposal received seven letters of
representation from separate parties which contain
matters which are relevant material planning
considerations, the application should not be dealt with
under delegated powers and is presented to the
Comhairle for a decision.
COMPETENCE
1.1 There are no legal, financial or other constraints to the recommendation being
implemented.
SUMMARY
2.1 This application is for Planning Permission to site a portacabin as a temporary office
and store, with staff car parking and access to and from the sea. The site is located
at Eilean-Anabruich, Maraig, Isle of Harris. The site area is approximately 266
square metres, on sloping land adjacent the road to Rhenigadale and next to the
dwellinghouse at 3 Eilean-Anabruich, Marig. Officers of the Comhairle have
requested further details regarding access provision, details regarding removal of the
portacabin and reinstatement of land after the permission has expired, further
information regarding usage, and likely noise levels. The applicant has been cooperative
in submitting information to assist in the assessment of the development.
2.2 The proposal is considered acceptable because it is temporary in nature; reinstatement
of the site is required in order to minimise landscape and amenity impact.
The issues raised have been considered but not deemed significant enough to
warrant refusal or are proposed to be dealt with through planning conditions. Given
the temporary nature of the development and the use of appropriate planning
conditions, the proposal is recommended for approval.
RECOMMENDATION
3.1 It is recommended that the Comhairle APPROVE the application subject to the
conditions shown in Appendix 1.
Contact Officer Eric Wojchik Tel: 01851 709554 Email: e.wojchik@cne-siar.gov.uk
Appendix 1. Schedule of proposed conditions
2. Site plan and Location plan
Background Papers: None

DESCRIPTION OF THE PROPOSAL
REPORT DETAILS
4.1 It is proposed to temporarily site a portacabin as an office and store, with associated
car parking and an access path to and from the sea. The portacabin measures
3 metres by 10 metres, is cream in colour, and is currently on site. The land was
scraped to allow a base to be laid and the peat was pushed to the side. A hard
standing of type 1 stone (chip and dust) has been partly laid to create a path to the
shore, a hardstand for the portacabin, and space for car parking. The temporary
permission will allow Marine Harvest an operational office prior to applying for
planning permission for a permanent site office on Loch Seaforth in the future.
4.2 The application was submitted in a valid form by Marine Harvest Scotland Ltd, Farms
Office, Blar Mhor Industrial Estate, Fort William, PH33 7PT.
REPRESENTATIONS
5.1 Representations have been received from the following:
a) Mr and Mrs I Maciver, 3A Eilean-Anabuich, Marig, Isle of Harris HS3 3AQ;
b) Ms J Beecroft, 138 Wigan Road, Bolton, Greater Manchester BL3 5QL;
c) Mrs E M James, 68 Thorn Road, Swinton, Manchester M27 5QT;
d) Mr and D J Morrison, Toddun, Marig, Isle of Harris HS3 3AG;
e) Mrs A De Jong, Sands House, Moor Lane, South Newington, Banbury
OX15 4JQ;
f) Mr R Kelly, 51 Wrigsham Street, Coventry CV3 5FU;
g) Mr and Mrs Garty, Apple Lea, Wigan Road, Euxton, Chorley PR7 6JH.
5.2 The full terms of the representations can be read on file at the Development
Department. However, they can be summarised as follows:
a) As a neighbour, we are alarmed that croft land in the National Scenic Area
has been proposed for commercial use. Eileananabruich is not an
appropriate site for a commercial enterprise that will inevitably produce noise;
b) The Development Management policy within the Development Plan clearly
states that settlements should retain their distinctive character, and
development proposals should be easily absorbed into their surroundings
without harming its social, economic, or environmental characteristics. This
proposal does not comply with these policy aims;
c) The Development Plan states that undeveloped countryside and coastline
should remain unchanged, particularly when the carries both International and
National Natural Heritage Designations, unless exceptional circumstances
exist;
d) If the Planning Authority were minded to approve the temporary application,
this could create a precedent in favour of a much larger, permanent shore
base, which would not be in keeping with the area;
e) The proposed large, cream coloured portacabin would be very obtrusive and
mar the scenic quality of this internationally important landscape;
f) The development would have a significant impact on the habitats of wildlife,
such as otters;
g) The character of the village would be altered from residential to industrial, with
all the noise and traffic associated with the site;
h) The unsightly, commercial unit will spoil the shoreline and deter others from
settling here;
i) The site Marine Harvest have chosen for their operation is totally
inappropriate in this National Scenic Area since it is in a very prominent
position, in the middle of the south shore of the bay which has wide visibility;
j) This development is detrimental to the aquatic wildlife, and the established
yachting anchorage will be affected;

k) There is already a jetty on the north shore of Loch Maaruig which has been
used by different fish farms over the years, and an additional shore base,
albeit temporary, can only add nuisance in terms of traffic congestion on the
single track road.
RESPONSES TO CONSULTATION
BUILDING STANDARDS
6.1 ‘A single storey building up to 30sq metres does not require a building warrant, but
any work would need to comply with the current standards.’
TECHNICAL SERVICES - ROADS
6.2 ‘No objections.’
SCOTTISH WATER
6.3 ‘The proposed development can not be served by the public water supply or a public
wastewater system.’
SNH
6.4 ‘Given that this will be a temporary arrangement according to the application, SNH
does not consider that it will lead to an adverse effect on the integrity of the NSA.
SNH suggests that a planning condition limiting the period of use of this structure
pending its replacement by a permanent building, be attached to any consent.’
VIEWS OF APPLICANT
7.1 The full terms of the applicant’s views can be read on file at the Development
Department but can be summarised as follows:
a) The proposal would necessitate scraping the surface, levelling and laying
down a hard standing to mount the portacabin, allow staff car parking, turning
lorries and access to the sea;
b) We hope to develop a more permanent proposal over the next twelve months
planned for the same location;
c) The noises which would be associated with the development are initially
relating to the works involved in clearing/preparing the site and then it would
be purely staff cars entering and exiting the site as per point 4 above and daily
departure and arrivals of personnel boats. The boat movements will generally
be one boat departing shortly after starting time and arriving shortly before
closing time;
d) The noise impact should not be onerous as it will generally be restricted to car
and boat movements at the beginning and end of the day. During the day it
will largely be quiet;
e) The overall proposal is exactly as stated on the application – we are seeking
temporary planning approval to site a portacabin for staff with a small storage
area and create an access path to the sea to enable access and egress to the
boats. This will allow the site staff to have a temporary facility now and we will
prepare a plan of a permanent proposal. We do not plan to install a
jetty/slipway at this stage. With regards your comments relating to the colour
of the portacabin we will not be permitted to paint it;
f) We have permission of the tenant and North Harris Trust to use the field
proposed, and they don’t appear to think it will impact them. The residential
property to the east of the site is, I believe, a holiday home and is not
occupied for periods of time;
g) We employ a number of staff in the area and the longer term plan is to set up
an appropriate good shore base facility for staff and a more permanent sea
access to serve our sites in Loch Seaforth. The staff facility we are looking at
is a log cabin type building and would have canteen, office, wash area,
storage and perhaps a bedsit for visiting staff. We would also propose a
slipway and pontoon to allow safe access and egress to the boats. These
plans are subject to gaining planning and financial approval.

DECISIONS AFFECTING THE SITE
8.1 There are no previous planning decisions in relation to this site.
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
Given the temporary nature of the
proposal, the development is of a
local social, economic or scale and duration that can be
environmental characteristics of
the Sustainable Community Area
absorbed without undue harm to
the characteristics of the area.
in which they are located, will
The site is of a temporary nature
generally be supported.’
and should not cause excessive
impact in terms of neighbour
amenity/use.
DM7
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 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) the impact on the natural
heritage is fully considered
(e.g. the Western Isles
Landscape Character
Assessment will be used);
The Comhairle will seek to
facilitate development that would
otherwise be unacceptable by the
Due to the temporary nature of
proposal, the development
accords with this policy.
The siting and quality of design of
the portacabin is not appropriate
for long-term use on the site.
Temporary usage will require the
applicant to reinstate the land and
remove the caravan from the site
after planning permission expires.
It is considered that the level of
noise created by the movements
of the boat twice a day will not
cause undue impact on
neighbouring use/amenity.
Comhairle Technical Services has
assessed vehicular access and
parking/turning to be acceptable.
In relation to its setting, the
structure and associated
parking/path are not of a large
scale; the development will cause
a degree visual impact, though
such impact will be temporary in

imposition of conditions.”
nature.
There will be a minimal impact
from the actual works on site, with
scraping and infill limited to a
small area and the requirement to
reinstate the site through planning
condition.
Due to the proposal’s temporary
nature, SNH do not consider that
the development will compromise
the integrity of the National
Scenic Area.
9.3 Western Isles Local Plan
PLAN REF RELEVANT TERMS IMPLICATIONS FOR THIS CASE
LP/DM1 ‘In assessing development The quality of the development
proposals an appropriate and and design are acceptable only
acceptable quality of for temporary use and siting.
development and design that
relates to setting will be The scale of the development is
required...In assessing small suitable in relation to its setting.
scale development of all types
the potential incremental impact The proposed site is not
of development on the area as a
whole will be considered.’
considered to be outwith the
settlement.
This policy says that account will
be taken of Structure Plan Policy
DM7 (quoted above) and of the
“Development and Design
Considerations” contained in
Appendix 2 of the Finalised
Western Isles Local Plan.
Relevant considerations in this
appendix are as follows:
“Location – appropriate and
sympathetic location in the
landscape or townscape.”
‘Any detrimental impact on
neighbouring uses/amenity
should be minimised.’
In relation to its setting, the
structure is not on a large scale.
Though the structure and
associated works will be visually
obtrusive, the limited time scale
of the development mitigates any
permanent impacts.
The development is likely to have
an impact on neighbouring
use/amenity, but this impact is
deemed to be acceptable for the
short-term period of the duration
of the permission.
OTHER PLANNING CONSIDERATIONS
10.1 The site is sensitive because it is within the National Scenic Area and is highly visible
from the A859 which links Stornoway to Tarbert. Moreover, currently there is no
commercial development in this area, so any future development, especially
development of a permanent nature, would require sensitive design and siting, and
pre-application discussions with the Comhairle’s Planning Service would be
encouraged. The Planning Service would not likely support a permanent siting of this
structure and associated works at this location due to its proximity to a nearby
residence and the likelihood of amenity and use conflicts. The Planning Service is of
the view that a temporary siting in this location will not cause undue harm to the
amenity of the area, provided that the site is fully reinstated to its former state.

CONCLUSION
11.1 For the reasons set out in paragraphs 9.2, 9.3, and 10.1, it is recommended that the
application be approved.

APPENDIX 1
SCHEDULE OF PROPOSED CONDITIONS
Condition 1
Reason
Condition 2
Reason
Condition 3
Reason
Condition 4
Reason
Condition 5
Reason
Condition 6
Reason
Condition 7
Reason
This planning permission shall expire on 28 February 2011. On or before the
expiry of this permission, the development to which this permission relates
shall cease and the portacabin, associated hardstanding, pipes, and other
fitments associated with the development shall be removed and the site
restored to grass by grading the land, cover with topsoil, and seed to the
satisfaction of the Comhairle as planning authority.
To maintain a measure of control over temporary development in the interests of
visual amenity.
Throughout the life of the development provision shall be made within the
curtilage of the portacabin for 1 car parking space. The space shall be at least
2.5m by 5m wide, and drained to the satisfaction of the Comhairle as planning
authority. The space shall be kept clear of obstructions and retained only for
the parking and turning of vehicles throughout the life of the development.
To ensure adequate provision is made for parking clear of the highway in the interests
of road safety.
Despite the provisions of the Town and Country Planning (Use Classes)
(Scotland) Order 1997 (or any similar Order), the use of the application site shall
be limited to “portacabin as a temporary office and store with staff car parking
and access path to and from the sea”. Any other or additional use shall require
a separate specific planning permission.
Because the Comhairle as planning authority wishes to retain control over the site use
in the interest of the appearance of the area and the physical condition of the site.
Any security lighting within the site shall be faced inward to minimise light
pollution outwith the site.
To protect neighbouring properties from light pollution.
No symbols, signs, logos or other lettering shall be displayed on any part of the
site or building, without the prior written approval of the Comhairle as planning
authority, except small signage necessary for Health and Safety reasons.
To minimise the level of visual intrusion and protect the quality and character of the
landscape as far as practicable.
No storage of materials shall take place in the open on the site that is the
subject of this planning permission at any time throughout the life of the
development unless otherwise agreed in writing with the Comhairle as planning
authority.
In the interests of visual amenity and to safeguard the parking and manoeuvring
areas.
Surface water drainage will be provided for and maintained via the chipped
hardstanding for the siting of the portacabin, parking/turning area, and the path
to the sea. These drainage arrangements will be implemented and maintained
throughout the life of the development unless otherwise agreed in writing with
the Comhairle as planning authority.
To allow for the sustainable drainage of the land.

APPENDIX 2
Site Plan and Location Plan