ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 22 SEPTEMBER
2015
15/00320/PPD – HOUSING DEVELOPMENT, HABOST, ISLE OF LEWIS
-
APPLICATION FOR PLANNING PERMISSION TO ERECT 4 NO. SEMI DETACHED
SINGLE STOREY HOUSES ALL WITH AIR SOURCE HEAT PUMPS
Report by Director of Development
PURPOSE OF REPORT Since the application has received six or more letters of representation from separate parties, which contain matters which are material planning considerations, the planning application is presented to Committee for a decision.
COMPETENCE
1.1 There are no legal, financial or other constraints to the recommendation being implemented.
SUMMARY
2.1 This is a planning application by Calmax Construction, 1 Blackwater, Newmarket, Isle of
Lewis to erect 4 No. semi-detached single-storey houses, all with air source heat pumps, on a site at Habost, Ness, Isle of Lewis.
2.2 The application site extends to 2,430 sq. metres the front portion on which stands the building formerly occupied by Comunn Eachdraidh Nis. This building will be demolished as part of the proposed works.
2.3 Six representations were received from third parties objecting to the proposed development. The nature of objections includes loss of amenity, inadequate parking provision and road safety impacts and the assertion that there is no requirement for the proposed development.
2.4 At the date of writing this Report it is concluded that an alternative layout of the housing on the site will required in order to overcome concerns regarding parking and turning.
2.5 In the interests of determining the application within a reasonable timescale, it is reported to Committee at this time with a recommendation that subject to there being no further material planning objections that in his view would render the development unacceptable, that the decision be delegated to the Head of Development Services.
RECOMMENDATION
3.1 It is recommended that it be delegated to the Head of Development Services to determine the application for planning permission, subject to no material planning objections that in his view would render the development unacceptable, being received.
Contact Officer Sean McCarthy Telephone: 01851 822690
Email: sean.mccarthy@cne-siar.gov.uk
Appendix 1 Location and current Site Plan
Background Papers
2 Floor & Elevation Plans
None

REPORT DETAILS
DESCRIPTION OF THE PROPOSAL
4.1 This is a planning application by Calmax Construction, 1 Blackwater, Newmarket, Isle of
Lewis to erect 4 No. single-storey houses, in 2no semi-detached blocks each with an air source heat pumps, on a site at Habost, Ness, Isle of Lewis. The proposal also includes for the demolition of the former Ness Heritage Centre and the creation of 8 No. new parking bays to serve the proposed dwelling houses
4.2 The application sites extend to 2,430 sq. The southern portion of the site is occupied by the former Ness Heritage Centre while the northern half comprises an area of waste ground.
4.3 The development consists of 2 separate semi-detached blocks consisting of 2 no. two bedroom, four person units and 2 no. one bedroom, two person units. Each unit will have a bin store a drying area a small fenced garden curtilage front and rear and two car parking spaces. Each unit will also be served by an air source heat pump.
4.4 The units will be single storey, clad with Skye marble roughcast on the external walls, the roof covering will be grey Marley modern tiles and the windows and doors will be anthracite grey. This external finish will be similar in character and colour to the surrounding buildings. The roofs of surrounding buildings are clad with similar materials in similar colours and therefore the proposed finishes are considered acceptable.
4.5 The proposed development will be served by mains electricity, public water and will connect to the public sewer. A SuDS system for surface water drainage is proposed and will discharge to an existing soakaway.
4.6 The proposal makes provision for eight car parking spaces but the lack of adequate turning space clear of the public highway is such that an alternative layout of the housing on the site is likely to be required.
4.7 The site is located within the Ness and Barvas Special Protection Area designated for its breeding Corncrake Population.
4.8 The proposal is within the class of Local Development within the Planning Hierarchy.
ADMINISTRATIVE PROCESSES
5.1 The planning application by CalMax Construction Ltd, 1 Blackwater, Newmarket, Isle of
Lewis HS2 0EE was registered on 24 August 2015.
5.2 The planning application was advertised for public comment in the public notices section of the Stornoway Gazette in the publication dated 3 September 2015 as required by regulations.
ENVIRONMENTAL IMPACT ASSESSMENT (SCOTLAND) REGULATIONS 2011
6.1 The Town and Country Planning (Environmental Impact Assessment) (Scotland)
Regulations 2011 are not applicable to the proposal.
PLANNING HISTORY
7.1 None.

RESPONSES TO CONSULTATION
8.1 The full terms of the responses to statutory and other consultation by the Planning
Authority can be read on file at the Development Department. The following is a summary of those relevant to the determination of the application.
SNH
8.2
‘We object to the proposed development as submitted as it could have potentially adverse effects on the interests of the Ness and Barvas SPA.
Our objection could be overcome if the proposal is amended so that the works are undertaken in accordance with the conditions [below] . The reasons for these conditions are explained below..
In our view, this proposal is likely to have a significant effect on breeding Corncrake
(Crex crex) designated within the above SPA. Consequently, Comhairle nan Eilean Siar is required to carry out an appropriate assessment in view of the site's conservation objectives for its qualifying interests. If the proposal is undertaken strictly in accordance with the following changes it will no longer be likely to have a significant effect and an appropriate assessment will not be required.
Breeding Corncrake
Corncrake need areas of almost continuous tall vegetation between April and August to rear chicks successfully. Male corncrake call from areas of tall vegetation between April and mid-July. The females do not call, and are not easily detected, but research has found that they nest in stands of vegetation (including crops) above 20cm tall, anywhere within a radius of approximately 250m of the calling male. Female corncrake remain silent so are difficult to locate.
Data from the last 6 years (2009-2014) shows that at least 2 calling male corncrake have been present within 30m of the proposed site. The construction of the proposal during the corncrake breeding season could result in the disturbance to, or destruction of, a corncrake nest, chicks, or a nesting female.
However, if the proposal is amended as follows so that the works are undertaken strictly in accordance with the following conditions, this significant effect can be avoided.
Either: o Site preparation works are conducted out with the corncrake breeding season (i.e. they are carried out between August 30th and April 1st).
Or o Vegetation on the site, including access and storage areas for materials, is kept short
(less than 15cm tall) from April 1st and until the work is complete in order to render the area unattractive to nesting corncrake.
Site preparation includes the clearance of vegetation from the site and the digging of any trenches for service infrastructure.
If the work is conducted adhering to either of these conditions, an appropriate assessment will not be required.
’
S COTTISH WATER
8.3
‘No response at time of report’.

TECHNICAL SERVICES ( ROADS )
8.4
‘This housing site has restrictions on the options available to the developer. However, the submitted site plan shows adequate parking, a 1.5m kerbed footpath and an improved junction allowing vehicles to pass. Consideration should be given to the provision of an area which would enable delivery vehicles to turn. The developer should apply for Road Construction Consent to allow the footpath and road widening to become part of the Council’s roads network. Streetlights should be provided in accordance with
Technical Services specification.
BUILDING STANDARDS
8.5
BS 6187:2011 (Code of practice for full and partial demolition) although not cited in the
Building Standards, makes recommendations to assist in preventing disputes arising.
For example, clause 7.5 recommends that "A condition survey(s) of adjoining premises........should be prepared, when appropriate, to help avoid or resolve any dispute that arises about alleged property damage. Clause 11.3 also recommends that local residents (amongst others) are consulted, prior to carrying out the works, and at relevant stages throughout the work.
ENVIRONMENTAL HEALTH
8.6
Air Source Heat Pumps comments
1. That noise from the air source heat pump shall not give rise to a noise level within any dwelling or noise sensitive premises in excess of that equivalent to
Noise Rating Curve 25 between 2300 and 0700 and Noise Rating Curve 35 at all other times. The noise measurements shall be taken with the windows open at least 50mm.
2. That noise from the air source heat pump shall not exceed 50 dB(A) Leq(1hr) as measured within the external amenity space of any noise sensitive premises.
Comments on construction site noise & dust
Noise
There is a potential for noise disturbance from the construction of this development, and from activities associated with it. The following conditions are recommended.
Condition 1 Hours of operation should be restricted to 08.00 - 19.00 Monday to
Friday, 08.00 - 13.00 on Saturdays and no working on Sundays.
Reason To protect the amenity at noise sensitive premises.
Condition 2 Should any complaints be received in respect of noise levels, the developer shall fully investigate these complaints and if requested by the
Planning Authority to establish noise levels at any affected property, shall undertake noise monitoring which shall be carried out by a suitably qualified noise expert or consultant previously agreed in writing by the Planning
Authority and which shall be carried out in accordance with BS7445:2003,
BS4142: 1997 and PAN 1:2011.
Reason To quantify the loss of amenity at noise sensitive premises resulting from the operation of the development.

8.7
Condition 3 Should any noise monitoring undertaken in accordance with condition 2 above demonstrate that the noise thresholds are being exceeded, the developer shall submit a scheme of mitigating measures to the Planning
Authority for written agreement within one month of the breach being identified. The agreed mitigating measures shall be implemented within one month of the written agreement or within any alternative timescale agreed in writing by the Planning Authority and thereafter retained throughout the life of the development unless otherwise agreed in writing by the Planning
Authority.
Reason To ensure adequate mitigation is in place to protect amenity at noise sensitive premises.
Dust
There is a potential for dust from the construction of this development to cause a nuisance to neighbouring properties. The following condition is recommended.
Condition 1 A method statement should be submitted to the Planning Authority outlining what dust mitigation measures will be put in place for the duration of the construction phase. Should any complaints be received in respect of dust, the developer shall fully investigate these complaints to establish dust levels at any affected property.
Reason To protect the amenity at dust sensitive premises.
CLEANSING
The cleansing sections have no problems with the development. The current bin system in Ness is a 4 bin system - Fortnightly - Residual, Organic and 4 Weekly - Recycling and
Glass.
REPRESENTATIONS
9.1 Representations have been received from the following:

Mr Malcolm & Mrs Murdina Murray, 49 North Galson, Isle of Lewis HS2 0SJ;

Mr Malcolm & Mrs Pam Macsween, 18 Habost, Ness HS2 0TG;

Mr Donald Mackenzie, 33a Eoropie, Port of Ness;

Rev. Allan W. MacColl, Free Presbyterian Manse, Swainbost, Isle of Lewis;

Mr Malcolm F Morrison, 17b Habost, Ness, Isle of Lewis HS2 0TG;

Mr Donald and Mrs Catherine Morrison, 17 Habost, Ness, Isle of Lewis HS2 0TG.
9.2 The full terms of the Representations can be read on the file at the Development
Department. However, they can be summarised as follows:

The Local Development Plan does not identify any Housing Sites in Ness either for private or social housing development.

There is no requirement for the proposed development

Construction Traffic will impact upon the ability of Crofters to access their crofts using the Cemetery Road.

The amenity and privacy of neighbouring properties will be adversely affected by the proposed development.

The development will result in an unacceptable visual impact.


The proposed development will result in an unacceptable level of congestion on the
Cemetery Road for people attempting to access the Cemetery and nearby Crofts.

The proposed development does not have sufficient parking provision.

Demolition and construction activities associated with the proposed development will potentially damage neighbouring properties.

The proposed development does not adhere to the settlement pattern or existing building line within the settlement.
VIEWS OF THE APPLICANT
10.1 At the time of preparing this Report no comment has been received from the applicant.
ASSESSMENT OF EIA
11.1 Not applicable.
THE DEVELOPMENT PLAN
12.1 Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that planning decisions be made in accordance with the Development Plan unless material considerations indicate otherwise.
An assessment against the policies and provisions of the Development Plan is therefore made initially. This is then followed by an assessment of any other material planning considerations, prior to a conclusion and recommendation as to the determination.
12.2
Policy 1 – Development Strategy (Rural Settlement Provisions)
Development proposals within Rural Settlements will be assessed against all of the following: a) a siting and design appropriate to the rural character, distinctiveness and settlement pattern of the local area in line with Siting & Design Policy 4 and
Landscape Policy 5; b) a lower level of density that accords with those set out in Housing Policy 13 and the landscape character of the individual settlement; c) demonstration of how development at the edge of the settlement physically and visually integrates with the existing settlement pattern and characteristics and consolidates the existing edge; d) new development does not erode the character which forms the distinctiveness of the rural settlement; e) the development of better quality inbye croft land does not threaten the continuation of crofting.
12.3 The proposed site is located within a Rural Settlement in terms of Policy 1 –Development
Strategy and therefore appropriate for locating housing. The proposed housing is small in scale and mass, will be sited within the existing collection of rural homes and buildings on the roadside corridor and will be unlikely to have any adverse impact on the
Landscape. The siting of the development in terms of Policy 4 is discussed further below.
The proposed development will not have any impact on the continuation of crofting and is in compliance with the density requirements as set out in Policy 13: Housing.

12.4 Matters of siting require to be addressed and are discussed further in terms of Policy 4 below
12.5 Policy 2 – Assessment of Development:
Underpinning each of the policies in the Plan is a requirement to demonstrate that development proposals: a) will not significantly adversely affect biodiversity and ecological interests and, where possible, result in an enhancement of these interests. (The online Biodiversity
Planning Toolkit should be consulted for general advice and good practice.); b) will not result in pollution or discharges out-with prescribed limits to the air, land, freshwater or sea; c) will not increase the likelihood of causing landslip or harmful erosion; d) in the case of contaminated land, that appropriate site investigations and risk assessments confirm the suitability of the proposed use, in compliance with the
Comhairle’s Contaminated Land Inspection Strategy; e) have been designed to take account of the requirements of safeguarding zones notified by the Health and Safety Executive, Civil Aviation Authority, National Air
Traffic Services, Ministry of Defence and Marine Consultation Areas.
All development will be assessed for its impacts individually, incrementally and cumulatively to ensure no significant detrimental effects arise.
The Comhairle may negotiate with developers a fair and reasonable contribution towards infrastructure and/or services required as a consequence of the proposed development. The contributions will be proportionate to the scale and nature of the development (including cumulative) and will be addressed through planning conditions or through a legal agreement if appropriate.
12.6 The proposal complies with Policy 2 above because it principally does not increase ecological impact or pollution discharges outwith prescribed limits. The proposal does not increase the likelihood of harmful erosion, provided care is taken during the construction period. The site is not contaminated and the Ministry of Defense and
Highlands and Islands Airports Limited have no safeguarding objections to the proposal.
12.7 Policy 3 – Zero and Low Carbon Buildings:
Low and/or zero carbon generating technology must be installed in all new buildings
(with the exception of those listed below) to reduce predicted carbon dioxide emissions from buildings to meet the minimum building standards.
A sustainability statement detailing the technologies proposed and demonstrating proposed achievement of Bronze Active Sustainability rating (achieving or exceeding
Building Standards), must be submitted as part of planning applications for new buildings.
This requirement does not apply to any of the following: a) buildings which will not be heated or cooled, other than by heating provided solely for the purpose of frost protection; d) ancillary buildings that are stand-alone, having an area less than 50 square metres; e) buildings which are designed so that the energy necessary is integral to the structure requiring minimal additional mechanisation (the passive house concept).

12.8 A sustainability statement has been submitted stating that each unit will be served by an air source heat pump. The statement satisfies the provisions within Policy 3. The proposal will be subject to Building Standards ensuring the provisions of the sustainability statement will be met.
12.9 Policy 4 – Siting and Design:
Development proposals must demonstrate a satisfactory quality of siting, scale and design that respects and reflects the characteristics of the surroundings.
Development proposals for buildings will be permitted where they satisfy all of the following: a) siting relates to the settlement pattern, landform, surrounding buildings and open spaces, and accords with Policy 1 Development Strategy and Policy 5 Landscape; b) design, scale, form and mass integrate with the streetscape, townscape and/or landform, avoid dominating the sky line, and relate to design elements that make a positive contribution to the character of the surrounding area; the mass of larger buildings should be managed by breaking up the design elements; c) materials, colour, proportions and detailing complement the streetscape, townscape and/or landscape; d) car parking arrangements accord with the Standards for Car Parking and Roads
Layout Supplementary Guidance which forms part of the Development Plan; e) plot layout accommodates;
(i) the development footprint placed and orientated to respect that characteristic of the local area
(ii) service requirements, safe road access, parking provision integrated to minimise adverse impacts on the environment and public road;
(iii) adequate amenity space consistent with the type and character of the development;
(iv) landscaping, and boundary treatments in positions, form and scale that integrate the development into its setting;
Developments which result in an over-development of a plot or site by virtue of density, scale, or height will be resisted; f) levels, excavation and under-building – buildings on sloping sites should be set at a level which will compensate excavation depth with unacceptable levels of visible under-build. Surplus materials from excavations should be landscaped to reflect the natural landform. Pre and post development levels and landscaping measures should be detailed on submitted plans; g) the amenity of neighbouring properties is considered in the siting and design of new development to ensure reasonable levels of amenity are retained in respect of noise, disturbance or lighting, overlooking and overshadowing. Development will not be supported where it will result in a significant impact on the amenity of neighbouring properties.
12.10 The design of the proposed units is considered to be appropriate in the context of the surrounding buildings and Habost as a whole. The units are to be single storey, comprising two small blocks and are of an appropriate mass and scale (i.e. the northern block will be 16.5 long and 9m deep and have an overall height of 5.1m while the southern block will be 15m long, 8m deep and have an overall height of 4.6m).

12.11 The units will be single storey, clad with Skye marble roughcast on the external walls, the roof covering will be grey Marley modern tiles and the windows and doors will be anthracite grey. This external finish will be similar in character and colour to the surrounding buildings. The roofs of surrounding buildings are clad with similar materials in similar colours and therefore the proposed finishes are considered acceptable. The fascia, soffits and guttering will be grey uPVC.
12.12 It is considered that there is adequate space within the application site to provide reasonable amenity space within the curtilage of all of the units. The application site is flat and free of rocks and minimal landscaping will be required in order to integrate the proposed development into the surroundings.
12.13 The developer has given consideration to parking, access, and turning provision within the site area. While the proposal includes for 8 car parking spaces, in compliance with the Standards for Car Parking & Roads, the layout does not make provision for adequate turning space, clear of the cemetery road.
12.14 Policy 5 – Landscape:
Development proposals should relate to the specific landscape and visual characteristics of the local area, ensuring that the overall integrity of landscape character is maintained.
The Western Isles Landscape Character Assessment (WI-LCA) will be taken into account in determining applications and developers should refer to Appendix 1 of this plan for a summary of this guidance.
12.15 The landscape and visual characteristics of the local area are not unduly affected by the scale or nature of the development. The site is not within an area of natural heritage designation.
12.16 Policy 6 - Water and Waste Water:
New developments will be required to adopt the principles of Sustainable Drainage
Systems (SuDS) with the exception of those discharging directly to coastal waters and single house developments (where surface water can be treated by other means).
Sewerage - New buildings in areas with public sewerage systems and developments of
25 houses or more will be required to connect to the public sewer unless the developer can demonstrate that there are specific technical reasons as to why the development cannot reasonably be connected to a public sewer. In such cases the development will only be permitted if the developer can demonstrate a sustainable, alternative method that will not significantly adversely impact on the environment or neighbour amenity.
Private waste water systems should discharge to land. Where this is not possible, the developer must submit evidence that discharge to the water environment is acceptable to
SEPA. Discharge from waste water systems direct to waters designated under EC
Shellfish Directives will not be permitted.
Water - New developments in areas with public water supplies will be required to connect to the public water supply. In situations where there is no, or an inadequate, public water supply the details including the sufficiency and wholesomeness of the private water supply will require to be demonstrated.
12.17 The proposal will adopt the principles of SuDS by linking each unit to soakaways to manage surface water. The new development will connect into the public sewerage system and can be serviced by mains water supply. Scottish Water has no objections to the proposal.

12.18 Policy 8 – Waste Management
Waste management and recycling facilities must be designed and built into all new industrial, commercial, retail and communal housing development proposals both during the construction phase as well as the completed development.
Preparation of a Site Waste Management Plan will be required to accompany proposals for larger scale developments such as new wind farms sites; industrial sites; housing sites of 15 or more units and new public buildings including schools and residential institutions. For all other developments, waste will be managed in accordance with the
Waste Hierarchy. Details of how waste is to be managed should be provided as part of the sustainability statement required through Policy 3 Low and Zero Carbon Buildings.
In line with the Zero Waste Plan the Comhairle will work towards reducing waste to landfill to 5% or less by 2025. This will be done by increasing diversion from landfill; by recycling and development alternative waste processing options; by maximising opportunities for local recovery options wherever environmentally and economically feasible; and by seeking to increase opportunities for biomass.
12.19 The proposal includes for hardstanding for domestic refuse bins. Demolition waste is likely to be recycled for use on the development and/or removed to a licenced waste management site.
12.20 Policy 13 – Housing:
The effective land supply to deliver the housing needs of the islands for at least a five year period (as identified in the LHS Housing Needs and Demand Assessment) will be delivered through individual/private sites and those listed in Proposal H1. Proposal H1 sites will be safeguarded against uses and development that would compromise the residential function of the site. To meet any shortfall and provide for longer term supply a further range of sites are listed in Proposal H2.
In addition to the identified sites, housing development may be permitted where: the development:

comprises redevelopment of land or premises, or;

is a conversion of an existing property, or;

is for use of derelict land or gap sites, or;

is of small-scale (not more than 3 dwellings) at an appropriate density; or,

it is appropriately located within the Rural Housing market area.
Housing proposals should not be located adjacent to: existing or consented general industrial/storage sites (use classes 5 & 6); mineral extraction or waste management sites; LDP Economic Proposal sites; non-residential caravan sites, and renewable energy development, where the residential amenity would be compromised.
For housing proposals of: a) 4 or more units, an appropriate housing density will be required as follows
Housing density by area (Policy 1) Maximum density Minimum density
Stornoway core None 25 units/ha
Outwith the core & in other main settlements
30 units/ha
Within rural settlements 20 units/ha
15 units/ha
None

Outwith settlements 15 units/ha None b) 8 or more units, a minimum of 25% affordable housing will be required unless otherwise determined in a planning brief; c) 15 units or more, an appropriate tenure mix will be sought in discussion with the developer.
A planning application which does not accord with the above will not be acceptable unless it is demonstrated that there is a need for housing in the area, or the site specific development issues, combined with the overriding public benefit of the development of the site, would justify the proposal.
Planning briefs will be prepared by the Comhairle as statutory Supplementary Guidance for specific housing sites as indicated in the Proposals section of the Plan.
Planning permission will be required for multiple occupation of a house by five or more unrelated people and occupation of a flat by three or more unrelated people, if it is deemed a material change of use. Proposals for the conversion and sub division of buildings into multiple residential units will be assessed on the contribution the development could make to meeting housing demand balanced against any possible damage to the character and amenity of the area and of adjoining dwellings.
12.21 The proposal meets the requirements of Housing Policy 13 because although it is not an identified housing site, it is of an acceptable density and therefore meets the criteria cited in this policy. The site is not located adjacent to any industrial sites/minerals or renewable energy sites or land where the use would compromise residential amenity.
12.22 The development of 4 units on this site represents appropriate density in compliance with criterion (a) of the policy.
12.23 Policy 28 – Natural Heritage:
Development which is likely to have a significant effect on a Natura site and is not directly connected with or necessary to the conservation management of that site will be subject to an Appropriate Assessment by the Comhairle. Development which is likely to have a significant effect on a Natura site will only be permitted where:

an Appropriate Assessment has demonstrated that it will not adversely affect the integrity of the site, or

there are no alternative solutions, and

there are imperative reasons of overriding public interest, including those of a social or economic nature.
Development that affects a National Scenic Area (NSA), a Site of Special Scientific
Interest (SSSI) or National Nature Reserve (NNR) will only be permitted where:

it will not adversely affect the integrity of the area or the qualities for which it has been designated, or

any such adverse effects are clearly outweighed by social, environmental or economic benefits of national importance.
All Ramsar wetland sites are also Natura sites and/or Sites of Special Scientific Interest and are included in the statutory requirements noted above.
Where there is good reason to suggest that a protected species is present on site, or may be affected by a proposed development, the Comhairle will require any such presence to be established and, if necessary, a mitigation plan provided to avoid or minimise any

adverse impacts on the species, prior to determining the application.
Planning permission will not be granted for development that would be likely to have an adverse effect on a European protected species unless the Comhairle is satisfied that:

there is no satisfactory alternative, and

the development is required for preserving public health or public safety or for other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment, and

the development will not be detrimental to the maintenance of the population of a
European protected species at a favourable conservation status in its natural range.
Development which is likely to have a significant effect on a Natura site and is not directly connected with or necessary to the conservation management of that site will be subject to an Appropriate Assessment by the Comhairle. Development which is likely to have a significant effect on a Natura site will only be permitted where:

an Appropriate Assessment has demonstrated that it will not adversely affect the integrity of the site, or

there are no alternative solutions, and

there are imperative reasons of overriding public interest, including those of a social or economic nature.
Development that affects a National Scenic Area (NSA), a Site of Special Scientific
Interest (SSSI) or National Nature Reserve (NNR) will only be permitted where:

it will not adversely affect the integrity of the area or the qualities for which it has been designated, or

any such adverse effects are clearly outweighed by social, environmental or economic benefits of national importance.
All Ramsar wetland sites are also Natura sites and/or Sites of Special Scientific Interest and are included in the statutory requirements noted above.
Where there is good reason to suggest that a protected species is present on site, or may be affected by a proposed development, the Comhairle will require any such presence to be established and, if necessary, a mitigation plan provided to avoid or minimise any adverse impacts on the species, prior to determining the application.
Planning permission will not be granted for development that would be likely to have an adverse effect on a European protected species unless the Comhairle is satisfied that:

there is no satisfactory alternative, and

the development is required for preserving public health or public safety or for other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment, and

the development will not be detrimental to the maintenance of the population of a
European protected species at a favourable conservation status in its natural range.
12.24 The application site is located within the Ness and Barvas SPA selected for its population of breeding Corncrake (Crex crex). The site's status means that the

requirements of the Conservation (Natural Habitats, &c.) Regulations 1994 as amended
(the "Habitats Regulations") or, for reserved matters the Conservation of Habitats and
Species Regulations 2010 as amended apply and therefore an Appropriate Assessment is required.
12.25 Following consultation with SNH they have objected to the proposed development unless
Either:

Site preparation works are conducted out with the corncrake breeding season (i.e. they are carried out between August 30th and April 1st).
Or

Vegetation on the site, including access and storage areas for materials, is kept short (less than 15cm tall) from April 1st and until the work is complete in order to render the area unattractive to nesting corncrake.
12.26 Site preparation includes the clearance of vegetation from the site and the digging of any trenches for service infrastructure.
12.27 Any consent would therefore require to be conditioned in line with the above in order to avoid any significant effect on the qualifying species of the SPA.
MATERIAL PLANNING CONSIDERATIONS
13.1 The Planning Authority requires to identify and consider other relevant material considerations, for and against the proposal, and assess whether these considerations warrant a departure from the Development Plan. The weight to be attached to any relevant material consideration is for the judgment of the decision-maker.
SCOTTISH PLANNING POLICY
13.2 Scottish Planning Policy (SPP) paragraphs 109112 refer to ‘Enabling Delivery of New
Homes’. It is considered the proposed development is in keeping with the ethos of this policy.
Outer Hebrides Design Guide
13.3 The units are to be single storey, take a simple form and are of an appropriate mass and scale. It is considered that materials and colours to be incorporated into the development are appropriate both in the context of the surrounding buildings and Habost as a whole.
The proposed development therefore conforms with the aspirations of the Outer
Hebrides Design Guide.
MATTERS RAISED IN REPRESENTATION
No Housing Sites identified in the Local Development Plan for this area
13.4 Policy 13 of the Outer Hebrides Local Development Plan states that housing will be delivered through individual/private sites as well as the safeguarded Proposal H1 and H2 sites. Policy 13 lays out a number of requirements for the development of sites not identifies as proposal sites:
 comprises redevelopment of land or premises, or;
 is a conversion of an existing property, or;
 is for use of derelict land or gap sites, or;
 is of small-scale (not more than 3 dwellings) at an appropriate density; or,
 it is appropriately located within the Rural Housing market area.

13.5 It is considered that the proposed development constitutes redevelopment of the former
Ness Heritage Centre and associated land. It is also of a small scale albeit in excess of the 3 units specified and is also of an appropriate density.
The Need for the Development
13.6 The Need for a development is not a material planning consideration.
13.7 Notwithstanding this, HHP, the Registered Social Landlord in the Western Isles indicate a waiting list 31 people looking for housing in the areas Ness, Dell-Borve and Shader-
Barvas, in proximity to the application site (as of June 2015)].
Loss of Privacy/Amenity at Neighbouring Properties
13.8 This issue will require to be assessed for any alternative layout proposed by the developer.
Parking and Traffic Congestion on Cemetery Road
13.9 The developer has given consideration to parking, access, and turning provision within the site area. The development will include 8 car parking spaces, which is in compliance with the Standards for Car Parking & Roads. However further dialogue is necessary on turning space in order to address potential unacceptable impact on the Cemetery Road.
The proposed development does not adhere to the settlement pattern or existing building line within the settlement.
13.10 There are a variety of different house si ting’s and orientations within the settlement of
Habost and neighbouring townships. This issue will require to be assessed for any alternative layout proposed.
Other Considerations – Non Material Considerations
13.11 Other issues such as loss of services during the construction phase and traffic management during construction are the responsibility of the developer and not matters which require control under planning.
13.12 The potential structural impact on neighbouring properties as a result of demolition works as part of the proposed development is the responsibility of the developer and not matters which require control under planning.
CONCLUSION
14.1 This is a planning application by Calmax Construction, 1 Blackwater, Newmarket, Isle of
Lewis to erect 4 No. semi-detached single-storey houses, all with air source heat pumps, on a site at Habost, Ness, Isle of Lewis. Six representations were received from third parties objecting to the proposed development. The nature of objections includes loss of amenity, inadequate parking provision, adverse impact on the cemetery road, impacts on use of the road by crofting activity and the assertion that there is no requirement for the proposed development.
14.2 An alternative layout of the housing on the site will be required in order to overcome certain concerns including vehicular turning.
RECOMMENDATION
15.1 In the interests of determining the application within a reasonable timescale, it is reported to Committee at this time with a recommendation that subject to there being no further material planning objections that in his view would render the development unacceptable, that the decision be delegated to the Director of Development.

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APPENDIX 2