PURPOSE OF REPORT Since this proposal has received more than 3 letters of representation from separate parties, which contain matters which are material planning considerations, the application cannot 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 is an application for detailed planning permission by Murdo Macaulay, on behalf of

Marine Harvest (Scotland) Ltd, for the erection of an office, storage area, and car park at Eilean Anabuich, Maraig, Isle of Harris. The application was received in a valid form on 22 December, 2010. The proposed site will function as welfare facilities to serve Marine Harvest’s employees serving assets within Loch Seaforth. The proposed building will include an office, indoor storage, mess facilities, toilets, and a small workbench within the storage area. The site layout includes parking, a turning circle, a retaining structure for the car park, a new access from the road, and a graded access to the sea, and a septic tank with outfall provision.

2.2 Eleven letters of representation have been received regarding the impact on tourism; amenity impacts on neighbouring premises; inappropriate design; impact on natural heritage and landscape of the South Lewis, Harris, and North Uist National Scenic Area; cumulative impact the proposed shore base with existing shore bases within Loch Seaforth; the non-compliance with Development Plan policy; and the impact of traffic and associated nuisance within a quiet, residential village.

2.3 The Planning Authority is required to make its determination in accord with the provisions of the Development Plan unless material considerations indicate otherwise. Some issues raised by those who made representations are either outwith the remit of planning or are not sufficiently material to merit refusal of the application. Material planning considerations raised are addressed through supplementary information supplied by the applicants agent and can be further mitigated through the application of planning conditions. If approved, conditions will be applied to the consent which will limit the site’s use, restrict working hours, and impose requirements for landscaping. The development is considered to be in accord with the provisions within the Development Plan. For these reasons, it is recommended that the application be approved subject to conditions appended to this Report.

RECOMMENDATION 3.1 It is recommended that the Comhairle APPROVE the application, subject to the

conditions in Appendix 1 to this Report.

Contact Officer Eric Wojchik Tel: 01851 822690 Email: e.wojchik@cne-siar.gov.uk

Appendix 1 Schedule of Proposed Conditions 2 Site, Location, Elevation, and Floor Plans Background Papers None

ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 31 MAY 2011

APPLICATION TO ERECT OFFICE, STORE, AND CAR PARK AT MARAIG, ISLE OF HARRIS (REF NO 10/00677)

Report by Director of Development

BACKGROUND 4.1 This is an application by Murdo Macaulay, on behalf of Marine Harvest (Scotland) Ltd for

the erection of a two storey mono-pitch, timber-clad building to serve as welfare facilities for seven Marine Harvest employees serving fish farm assets within Loch Seaforth. The proposed building will accommodate an office, mess room, toilets, and storage area (including a workbench for small repairs). The proposal includes the use of a retaining wall structure to create a level area for parking adjacent the road, a 16 metre diameter turning circle, a new access road, a graded access to the shore, landscaping works, and a septic tank with outfall provision. Connection is achievable for a new water supply to serve the site. Surface water will be diverted to discharge to the existing watercourse. Mains power is currently available on site.

4.2 The site area extends to 0.21 ha. The site slopes down from the main road, which links Maraig to Rhenigadale, by more than three metres. The development, if consented, will be the first building visible from the West approach into Eilean Anabuich. The next neighbouring property is 89 metres to the East at 3 Eilean Anabuich.

4.3 The design of the building consists of a monopitch roof which follows the slope of the site down from South to North. The scale and height of the building reflects that of a typical dwelling house, at 7.9 metres deep by 12.4 metres long by 6.6 metres high. Given the slope of the site and the cut and fill work required; only the top 2.4 metres of the building will be visible from the road at the South elevation. Access will be achieved to the first floor from the South elevation by way of a raised walkway. The building will be finished in vertical cedar timber cladding, Nordan windows, and a natural slate roof. The hardwood boarding will naturally weather to a greyish colour, which will reflect the bedrock of the surrounding landscape.

4.4 The proposed site is comprised of a turning circle, access, raised parking area, and septic tank and outfall. There are ruins to the East of the site which the developer has proposed to use in creating a stone wall as a landscape feature and screening to the East. The parking area is comprised of six parking bays. Comhairle Building Standards require the inclusion of one disabled parking bay; the developer has agreed to this requirement. Aside from employee traffic, the developer states that there is likely to be one vehicle movement per week of more than 3 tonnes, Monday to Friday.

4.5 The proposed use of the site falls under Use Class 4 –Business of the Town and Country Planning (Use Classes) (Scotland) Order 1997 because the proposed use is limited to an office, welfare facilities, mess room, storage, and a small workshop for light repairs. The site will not be used to house fishfarm feed or ancillary fishfarm apparatus (e.g. cages, chemicals, nets, etc). The developer has agreed to no open storage outside of the building. Indoor storage will consist of Personal Protective and Health and Safety equipment and small scale items such as floats required for boat operations. Any change in or intensification of operational use will be in breach of planning and may require enforcement action.

4.6 The notional location of a pontoon on the site plan (02) does not form part of this current proposal.

4.7 Employees will make use of a rib from the site to access fishfarm assets within Loch Seaforth, requiring, on average, two boat movements per day. At no time will wellboats access the site.

REPRESENTATIONS 5.1 Representations have been received from the following:

• Mr and Mrs DJ Morrison, Toddun, Maraig, Isle of Harris;

• Mairi and Iain Maciver, 3A Eilean Anabuich, Maraig, Isle of Harris;

• Mrs Ana Garty, Apple Lea, Wigan Road, Euxton, Chorley, Lancashire;

• Mr R Garty, Apple Lea, Wigan Road, Euxton, Chorley, Lancashire;

• Mr James Garty, Apple Lea, Wigan Road, Euxton, Chorley, Lancashire;

• Mrs L James, 68 Thorn Road, Swinton, Manchester;

• Jacqueline Esson, 4 Hawthorn Avenue, Udny Green, Ellon, Aberdeenshire;

• Richard Kelly, 51 Wrigsham Street, Coventry;

• Mrs M Kelly, 63 Hartington Crescent, Earlson;

• Miss J Beecroft, 138 Wigan Road, Bolton;

• Amelia de Jong, Sands House, Moor Lane, South Newington, Banbury.

5.2 The full terms of the Representations can be read on the file at the Development Department. However, they can be summarised as follows:

• The layout incorporates additional, visually undesirable, ground works such as the

vehicular access to the shore with a turning circle for lorries, parking for six cars, pontoon and industrial style building with storage area on the ground floor.

• Residential and commercial developments at close quarters are rarely compatible, particularly when outdoor working is involved.

• Loch Maaruig is an established, sheltered anchorage for yachts. If this application is approved, two aquaculture companies will monopolise the sea loch, discouraging other boat users from coming into the bay.

• The south shore of Loch Maaruig has wide visibility and any commercial enterprise sited here will inevitably have an adverse impact on the beautiful, low-lying shoreline with a loss of amenities.

• The industrial look of the two storey building, when viewed from the loch side and the A859 is not compatible with the landscape and will be a permanent, visual intrusion which will compromise the integrity of the NSA.

• The design of the building with its ugly, assymetrical roof is not appropriate for this residential setting, and in addition, the lochside frontage has an industrial appearance (with no windows on the ground floor). The proposed, permanent, commercial building is made of wood and it does not relate to the traditional, ruined, stone house it seeks to replace.

• The proposal is against policy as outlined in the Western Isles Local Plan. LP/DM1 states: "In assessing development proposals, appropriate and acceptable quality of development and design that relates to the setting will be required ..."

• The Western Isles Local Plan outlines "Development and Design Considerations" which states that a development should be in an "appropriate and sympathetic location in the landscape or townscape". By nature of its close proximity to my parents' croft house, this commercial development is not appropriately or sympathetically situated. The policy further says that ‘”any detrimental impact on neighbouring uses/amenity should be minimised”.

• Daily movements on and around the water with the penetrating sound of boat engines, fork lift trucks and lorries will have an adverse effect on the tranquility of the area and create noise and disturbance (sound carries a long distance over water).

• In addition to noise nuisance there is also the potential for undesirable odours and fumes if the company starts to dispose of its industrial waste on site.

• If the application is approved, it will preclude a residential development at this site, which would have been less intrusive and more appropriate for the area. The approval of this development would set an undesirable precedent for other croft land in the area to be put to commercial use.

• No cumulative impact assessment has been made of two aquaculture companies operating in the same, small bay. Lighthouse Caledonia already occupy a site on the north shore of Loch Maaruig and a second, similar enterprise on the south shore will have an adverse impact on the tranquillity of the area.

• The environmental characteristics of this area will be harmed, since already fewer otters have been sighted in the bay since Marine Harvest's temporary application was approved.

• Aquaculture brings valued employment to fishermen, but tourism is a much bigger sector, which if put on the decline through insensitive development, will have serious consequences for the island as a whole.

• Marine Harvest were approached about using an alternative, equally suitable site further along the bay which has deep waters with minimal tidal interference and no residential issues, but they chose not to pursue this option. There are only three established houses on the south shore of Loch Maaruig and one of them will be unfavourably affected by the planning proposal.

• The Report issued by the Director of Development (ref 09/00607/PPD) in February 2010 recommended approval of the temporary application on the basis that it was only temporary in nature and would therefore have minimal impact on the landscape and the nearby property, “The Planning Service would not likely support a permanent structure in this location due to its proximity to the nearby residence and the likelihood of amenity and use conflicts.”

• The Report (ref 09/00607/PPD) outlined specifically, in terms of DM1 and DM7 (The Western Isles Structure Plan) and LP/DM1(Western Isles Local Plan), that a commercial development at this site is not appropriate for permanent use, on account of its close proximity to a neighbouring residence, and that only a temporary approval should be considered.

RESPONSES TO CONSULTATION COMHAIRLE ENVIRONMENTAL HEALTH

6.1 ‘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 Construction shall be carried out in accordance with the practice described in BS5228. Hours of operation should be restricted to 08.00 -19.00 Monday to Friday, 09.00-13.00 on Saturday and no working on Sundays.

Reason To protect the amenity at noise sensitive premises.

SEPA 6.2 ‘We have no objection to this planning application on flood risk grounds.’

SCOTTISH WATER 6.3 ‘An appropriate water storage system Water storage equivalent to 24 hours usage is

recommended for commercial premises. Scottish Water has no objection to this planning application. Since the introduction of the Water Services (Scotland) Act 2005 in April 2008 the water industry in Scotland has opened up to market competition for non-domestic customers. Non-domestic Household customers now require a Licensed Provider to act on their behalf for new water and waste water connections. Further details can be obtained at www.scotlandontap.gov.uk.’

TECHNICAL SERVICES - ROADS 6.4 ‘Access and parking to be constructed in accordance with Drawing 10/00677. The

parking area must be 3.5m from the road edge so as not to restrict visibility leaving the access.’

BUILDING STANDARDS 6.5 ‘A disabled space will be required as part of the car parking area. The secondary

wastewater treatment system should be designed and constructed based on the result of ground percolation tests.’

SCOTTISH NATURAL HERITAGE 6.6 ‘Thank you for consulting SNH about this proposal to erect an office and welfare facilities

accommodation at Maraig in harris. this is within the South Lewis, Harris & North Uist National Scenic Area. The development includes a new 2-storey building, car park and turning area. This site has been characterised as mountain Massif 1 in the Western Isles LCA, featuring rugged mountains and an indented coastline. SNH's document specifying the special qualities of the NSA draws attention to the fact that "Although the area has been long-populated, habitation has always been constrained to the fringes of this vast outer landscape of mountain, moor, rock,loch and ocean. Where development does occur it is small scale and located on the edges of the mountains or the sea. However, its general sparsity does mean that the eye is drawn to the distant view of croft or building."

The current development proposal is consistent with that pattern, to the extent that like the rest of the village of Maraig is located on a narrow coastal strip of developed land between the Harris hills and Loch Seaforth. However while Maraig is made up of residential buildings, the current proposal is to introduce industrial development to the site. The scale and nature of the development appears out of keeping with the other buildings in the village, although there are fish farms immediately offshore which the current proposal is intended to service. The exterior finish of the building has tried to make it appear less like an industrial development and more like a large residential dwelling, albeit one with a different design and style to a traditional croft house or even a typical modern timber frame bungalow.

The development may have local visual impacts on the village of Maraig and its immediate setting. It is not however on a scale to adversely affect the special qualities of the NSA at this location. We could ask for otter survey for practically any development in the Western Isles near a watercourse or the coast if we were to take a highly precautionary approach. I don't think that that would be proportionate in this case, the risk is low.’

VIEWS OF THE APPLICANT 7.1 The current work practices on the ‘temporary’ site will be adopted for the new permanent

site. 7.2 The original, older shore base held by the Scottish Salmon Company would need

extensive infill and renovation to bring the base up to specification for our current operational needs. This would consist of bringing in thousands of tons of infill to the slipway in order to reach deeper water some 1km+ offshore from the current location. Marine Harvest Scotland Ltd does not have the rights to use this facility.

7.3 Traffic should not be an issue as site employees do not pass anyone’s house other than

that of the crofting tenant on which the proposed building will be placed.

7.4 The building was designed from a specification advised by the Comhairle and numerous consultations with the planning and roads department were held with the survey/designer, Murdo Macaulay in order to meet the advised specification.

7.5 The building was designed with the specific reason to look as residential as possible in

both size and layout whilst still meeting the operational needs of Marine Harvest.

7.6 Marine Harvest does not intend to process fish or waste on the site.

7.7 The site was chosen because it met the following criteria:

• Easy access to deep water; • Flat area for building on; • Natural slope towards shore, incur minimal infill; • Less than 2.5 miles to sea site, therefore reducing journey time by c. 60% compared

to Scalpay to sea site and traveling in safer waters as a result of not having to venture out into the Minch twice daily;

• Reduced fuel usage and carbon emissions; • Health and safety of employees.

7.8 Scottish Salmon Company hold the lease of the original, older shore base however they

do not use it for the same reasons as Marine Harvest Scotland Ltd have highlighted above. Scottish Salmon Company operates from their other shore base at Ardvourlie, at the top end of the loch.

7.9 No other sites in the area are suitable without major excavations and infill making it more

visually intrusive than the current application.

7.10 Marine Harvest understands that numerous letters of support can be obtained from local residents of Maaruig, Renigidale and also the North Harris Trust.

7.11 The practices of previous companies and also current companies/shore bases on the

islands should not have a bearing on the decision of this proposal as Marine Harvest are seeking to move away from the historic “cluttered” bases. This base should become an example and a standard for fish farming companies to strive towards.

7.12 Letters of objection have stated that the otter population has declined since Marine

Harvest Scotland Ltd began operations at Maaruig. We believe this to be inaccurate as otters are seen, if not daily then at least weekly by employees travelling to and from our site in Loch Seaforth. Additional evidence of nature and fish farming living together can also be seen at Cuddy Point in Scalpay where a fish farm base and pontoon have operated for many years. Otters thrive around these areas because of the structures which harbour cuddies which they feast on.

7.13 Marine Harvest intends to employ a staff member as a ‘yard man’ to keep on top of

cleanliness and appearance of the base with the intention of maintaining a high standard of house-keeping.

7.14 A lot of the objection letters state that there is an alternative site half way along the shore

back towards Tarbert. This site has little depth of water and the area is not flat to build on and therefore would need a lot of infill before any sort of building would be considered, making this a more visually intrusive option compared to the current application.

7.15 The proposed base was designed with the neighbours privacy in mind. The proposed

building has no windows facing the residential property adjacent to the development and the house does not have any windows facing the development.

7.16 In the time Marine Harvest Scotland Ltd have operated from the temporary location there

has been a house built on the opposing shore, which negates the claims of people not wanting to move and live in the area.

7.17 Numerous letters of complaint have pointed out that the building has two storeys to the

loch side and one to the road side. This is incorrect.

7.18 Regarding one comment of the old stone ruin making a ‘fine home’, this is planned to be recycled and used to build a stone wall around the parking area adjacent to the roadside where I believe locals and tourists alike will find it visually pleasing.

DECISIONS AFFECTING THE SITE 8.1 Temporary consent for siting of a portable building and ancillary parking/turning on site

(09/00607). This permission expired on 28 February 2011. No enforcement action has been taken because detailed planning permission is currently being sought via this application, which was submitted prior to the expiration of 09/00607.

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 Location of Development

Development proposals that can be absorbed without harming the local social, economic or environmental characteristics of the Sustainable Community Area in which they are located, will generally be supported. Proposals serving social or community interests should have regard to the needs of the users of such facilities and be located near a public transport node/ junction/ interchange and/or within safe and easy walking or cycling distance of their catchment population. The Local Plan will identify development opportunity sites within settlements and townships based on the following sequential approach: i) firstly, re-using vacant or

under-utilised 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 the settlement or township.

The use of the site for the proposed development is in compliance with this policy aspiration in that the site is vacant and within the settlement. The purpose of the building is to serve as welfare facilities for employees who work at Marine Harvest’s fish farm assets within Loch Seaforth. The site is within Eilean Anabuich, Maraig, approximately 89 metres from the West elevation of the nearest residential property.

DM5 Availability of Supporting Infrastructure All proposals should have regard to the availability of supporting infrastructure and early consultation with service providers will be encouraged.

The proposal requires connection to electricity and mains water, both of which are near the site. The proposal requires installation of a septic tank and outfall provision. The site has sufficient space for these arrangements.

DM7 Assessment of Development Proposals 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 provision is made to allow access for the disabled.

iv) the impact on the natural heritage is fully considered (e.g. the Western Isles Landscape Character Assessment will be used;

iv) biodiversity and ecological interests are maintained and, where possible, enhanced.

v) appropriate measures are in place for the safe movement of traffic and associated parking both on and off site;

vi) there will be no pollution outwih the prescribed limits to air, land, fresh water, or sea;

vii) there will be no likelihood of causing harmful erosion;

viii) account is taken of the requirements of safeguarding zones;

ix) the protection, maintenance and where possible, enhancement of built heritage resources.

The Comhairle will seek to

The form of the building reflects the site in that the roof slope and cut and fill work lower the profile of the building in relation to the road, with 2.4 metres of the upper portion of the building visible from the South (road) elevation. A landscaping condition can improve the overall development in terms of design, grading, and screening. The Planning Service has considered impacts on neighouring amenity from noise and lighting. Adherence to operational hours should limit any undue noise impacts. Conditions regarding lighting will reduce light pollution falling outwith the site boundaries. Building Standards require one disabled access parking bay. The developer has agreed to this arrangement. The Landscape Character Type within and around the site is mountain massif. SNH have issued comment on likely impacts to landscape or natural heritage assets, stating that the building may have some impact locally, but it will not undermine the qualities of the NSA. Technical Services has provided guidance to the agent regarding access and parking/turning provision. The proposed use of the site will not pose a likelihood of pollution outwith prescribed limits. There are no safeguarding constraints on the site. The Comhairle Archaeological Service was consulted regarding the potential for unscheduled archaeological impacts on site.

facilitate development that would otherwise be unacceptable by the imposition of conditions.

They issued no comments.

RM6 Coastal Development Proposals for development will be encouraged on developed coastline or within existing settlements. Proposals within areas of undeveloped coast where no township settlement exists, and along isolated coastline, will be assessed against the criteria set out in DM1.

The proposal complies with this policy aspiration.

RM9 National Natural Heritage Designations The Comhairle will only permit development which would affect a designated area of national importance, such as Sites of Special Scientific Interest and National Scenic Areas where; i) the objectives of the designation and the overall integrity of the area will not be compromised; or ii) any significant adverse effects on the qualities for which the area has been designated are clearly out-weighed by social or economic benefits of national importance.

The proposal does not compromise the objectives or overall integrity of the National Scenic Area. The developer has agreed to reduce the impact of the development through use of sympathetic materials and scale.

ED6 Fisheries and Aquaculture Infrastructure The Comhairle will support proposals to secure the local management of fisheries resources around the Western Isles and land uses that support them will be viewed positively. Proposals for infrastructure development that help secure sustainability of the Western Isles based fisheries resources will normally be supported.

The Local Plan will identify opportunities for pier, harbour and associated improvements based on favourable assessment of need having regard to environmental and servicing constraints.

The proposal is in accordance with this policy aspiration in that the development of a shore base will help secure the sustainability of the Western Isles based fisheries resources.

ED7 Marine and Freshwater Aquaculture Development In conjunction with interested parties, the Comhairle will prepare a strategy to enable the sustainable development of aquaculture in the Western Isles. In line with the policies of this Plan, consideration will be given to the following:

i) location of sites suitable for development;

ii) design of associated facilities;

iii) biodiversity landscape and other parts of the natural heritage;

iv) access and servicing considerations;

v) appropriate meatures to deal with the issues of pollution, disease, and navigational considerations;

vi) appropriate management, monitoring, and site restoration arrangements.

Local Plan Policy ED4 (See below) is the more recent policy on Marine Aquaculture Development. It incorporates the criteria stated in this policy together with additional criteria and the response to it can be found below.

ED14 Neighbour Amenity The Comhairle will work with other relevant agencies and landowners to safeguard neighbours from activities and uses that could have a detrimental impact on the amenity they enjoy. The Local Plan will identify potential or existing locations where such conflict could or does occur and develop appropriate policy responses to either:

i) limit their impact on the amenity of adjacent uses; or

ii) make provision to enable re-location to more appropriate sites.

The proposal falls under Use Class 4 – Business of the Town and Country Planning (Use Classes) (Scotland) Order

1997 (the UCO).

Membership of Class 4 is dependent on whether the use, in all its aspects, is one which could be carried on in any residential area

without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit.

The proposed working hours, the distance between the development and residential properties, the proposed use, and the introduction of landscaping will greatly reduce adverse amenity impacts to neighbouring residents.

9.3 WESTERN ISLES LOCAL PLAN PLAN REF RELEVANT TERMS IMPLICATIONS FOR THIS CASE DM1 Assessment of Development

Applications In assessing development proposals an appropriate and acceptable quality of development and design that relates to setting will be required. Account will be taken of Structure Plan policy DM7 and of the considerations set out in: Appendix 2: Development and Design Considerations Appendix 3: Car Parking Provision Appendix 4: Roads and Access. In assessing developments, potential cumulative impacts will be considered on the area as a whole. Where a site is regarded as potentially contaminated, developers should consult with the Comhairle to ensure a site specific risk assessment is undertaken and any proposed remediation measures complied with. In addition to the Structure Plan policy DM7 ix) safeguarding requirements, account will be taken of aerodrome safeguarding areas.

In terms of siting and design of the building, the development relates well to the setting. The application of conditions to control hours of operation outwith proposed operational hours will mitigate amenity impacts on neighbours while allowing a degree of flexibility for access to fish farm assets for fish welfare or emergencies.

The proposal has been assessed against Appendix 2, 3, and 4 of the Western Isles Local Plan. The proposal complies with the policy aspirations of DM1 and the Appendices.

ED4 Aquaculture and Marine Planning Powers In assessing development proposals the following considerations will be taken into account: a) location and design of

installation and associated facilities;

b) biodiversity, landscape and other natural heritage features;

c) access and servicing considerations;

d) appropriate measures to deal with the issues of pollution, disease, and navigational considerations;

e) appropriate operational (including associated noise and lighting impacts) management, monitoring and site restoration arragements;

f) the incremental or cumulative impact of the proposal;

g) the impact of development on

The location and design of the building and site layout is appropriate in terms of scale and form. It largely conforms to the site topography without requiring excessive underbuild or infill. SNH have been consulted regarding landscape, natural heritage, and biodiversity impacts. They have stated that there will be some local impact, but the development will not undermine the qualities of the National Scenic Area. Infrastructure is available to secure mains water and electricity connection. A septic tank and outfall will be required on site. The site has sufficient space to accommodate this. There will be no operations on the site that involve the use of fish farm feed, chemicals or other potentially

communities, tourism, and upon areas used for recreational purposes.

polluting materials/substances. Noise impacts are reduced through distance to the nearest property (89m), the nature of site operations, and proposed working hours. The Planning Service is of the view that the development will not contribute unduly to or create an unacceptable cumulative impact when considered alongside other shore bases in the vicinity. The nature and scope of the development does not compare with the operations of other shore bases by virtue of its principle use as welfare facilities. While noise and lighting impacts will occur, these are not considered to be excessive. Given the low intensity and nature of the proposed use, there should be no potentially polluting operations occurring on or from the site. Moreover, industrial operations which of an intensive nature—those of vibration, smell, fumes, smoke, soot, ash, dust or grit—will not occur. Many of the objectors raised concerns that the design, layout, and use of the development site would impact on recreational use and tourism in the vicinity. The Planning Service is of the view that the design and materials sympathetically address potential adverse visual impacts of the development. The proposed use of the site should produce acceptable levels of noise and light pollution within Loch Seaforth, thereby safeguarding adjacent recreational uses.

OTHER PLANNING CONSIDERATIONS

SCOTTISH PLANNING POLICY CONSIDERATIONS 10.1 The Scottish Government published a consolidated Scottish Planning Policy document

on 4 February 2010. It acknowledges that the planning system operates in the long-term public interest and does not exist to protect the interests of one person or business against the activities of another. The Consolidated Scottish Planning Policy (SPP) states that the planning system has a crucial balancing role to play when competing interests emerge in the consideration of future development. In terms of aquaculture, which is recognised as a nationally important industry particularly for coastal and island communities where it provides jobs, many of which are in remote locations, the SPP looks to local authorities to support the development of new facilities in appropriate locations.

10.2 Scottish Government guidance requires that all planning applications are considered on their merits and any material considerations identified and analysed. The following issues were raised by those making representations.

LOCATION OF THE SITE 10.3 Several of those making representations raised concerns over the location of the site. It

should be noted that that the planning authority’s function is to decide whether or not the proposed development is desirable in the public interest. The planning authority must consider the proposal and site on its merits, without consideration of possible alternative sites within the vicinity. The agent has stated that the site was chosen based on land tenure, site topography, and water depth. The building visually and physically integrates within Eilean Anabuich given its relation to 3 Eilean Anabuich. The building is sited to provide a buffer of 89 metres between it and the gable end of 3 Eilean Anabuich, which should suffice to reduce amenity and use impacts whilst remaining in and relating to the existing settlement.

SITE OPERATIONS 10.4 Many of those that made representations were concerned about pollution and other

potential nuisance from industrial operations and processes. The application, as submitted, detailed little information regarding operations on the site. Through negotiation and discussion with the Planning Service, the agent has explained the proposed site operations, which will be limited to welfare facilities, an office, storage of Health and Safety equipment, and a small area for minor repairs. The nature and scope of the site operations greatly reduces the likelihood of impacts associated with industrial operations and processes—namely, detriment to the amenity of the area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit.

AMENITY AND USE IMPACTS 10.5 The proposal falls under Use Class 4 – Business of the Town and Country Planning (Use

Classes) (Scotland) Order 1997 (the UCO). Membership of Class 4 is dependent on whether the use, in all its aspects, is one which could be carried on in any residential area

10.6 While there will be some impacts from noise and lighting, these are considered of a reasonable level given the restricted use and hours of operation. Impacts from noise and lighting can be further mitigated through planning conditions which specify terms for out of hours working and reduce light pollution outwith the site confines.

without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit. The proposed working hours, the distance between the development and residential properties, and the proposed use will greatly reduce adverse amenity impacts to neighbouring residents.

10.7 Mitigation of noise impacts from boat movements within Loch Seaforth falls outside the remit of the planning system.

10.8 The development should not cause unacceptable levels of traffic given the size of the site and number of proposed parking bays, and proposed journeys to and from the site daily.

PLANNING HISTORY 10.9 The Report issued by the Director of Development (ref 09/00607/PPD) in February 2010

recommended approval of the temporary building and ancillary parking currently on site on the basis that it was only temporary in nature and would therefore have minimal impact on the landscape and the nearby property. Many of the representations quote the following statement from the Report: “The Planning Service would not likely support a permanent structure in this location due to its proximity to the nearby residence and the likelihood of amenity and use conflicts.” It is important to note that the Report in February 2010 referred specifically to the use and location of the temporary building.

10.10 The current proposal differs from the previous consent 09/00607. The current proposal addresses any potential use and amenity conflicts through siting, design, and operational parameters. The implementation of landscaping can reduce any further impacts on neighbouring amenity or use. The current proposal is discrete from the previous application for the temporary building, and as such, statements taken from the February 2010 Report are only relevant in the context of application 09/00607.

LANDSCAPE AND NATURAL HERITAGE IMPACTS 10.11 The agent engaged in pre-application discussions with the Planning Service in order to

reduce the visual impact of a two storey building on the site through cut and fill work and sensitive design. While the building and site will be visible from the A859 from a distance, the materials of the building will recede into the landform as the cedar cladding greys with age. Many of the representations made issued concerns regarding the visual impact of the large turning circle. It should be noted that the turning circle will be finished in Tarmacadam, which will not cause the same degree of visual impact as concrete.

10.12 Some of the representations make mention of the impact on otters within Loch Seaforth. Otters are classed as European Protected Species and are fully protected under The Conservation (Natural Habitats, etc) Amendment (Scotland) Regulations 2007. The Regulations make it illegal to deliberately or recklessly kill, injure or take (capture) an otter; deliberately or recklessly disturb or harass an otter; and damage, destroy or obstruct access to a breeding site or resting place of an otter (i.e an otter shelter). The Planning Service has consulted SNH specifically on this matter. SNH has stated that a proportionate approach must be employed, and in this case the considered risk to otters or otter habitat is low.

CUMULATIVE IMPACT 10.13 Many of the representations make reference to the cumulative impact of this shore base

with others operating within Loch Seaforth, specifically a base operated by Lighthouse Caledonia on the North Shore of Loch Maaruig. The distance between the two shore bases is 0.56km. However, the operations of this shore base fundamentally differ from other shore bases given the scope and nature of the proposed operations for this development. The site will operate within the parameters of Use Class 4 –Business, which can be sited within residential areas without undue adverse amenity impact. By virtue of the site’s operational constraints, the Planning Service does not maintain that the development represents an unacceptable level of impact when considered cumulatively.

10.14 It is possible that intensification of a use would lead to a development no longer satisfying the criteria pertaining to Class 4. Such circumstances would constitute a material change of use and planning permission for the new use would be required or enforcement action would commence.

DESIGN AND LAYOUT 10.15 Some representations stated that the design of the building is unsympathetic to

surrounding built environment in both form and materials. The design of the building consists of a monopitch roof which follows the slope of the site down from South to North. The scale and height of the building reflects that of a typical dwelling house, at 7.9 metres deep by 12.4 metres long by 6.6 metres high. Given the slope of the site and the cut and fill work required; only the top 2.4 metres of the building will be visible from the road at the South elevation. While the form (monopitch) differs from dwellings in the vicinity, it reduces the impact of the building by reflecting the slope of the site. While the cedar cladding is not common on dwellings, it will grey with time, which will reflect the bedrock of the surrounding landscape.

10.16 Several objections were based on the layout of the site, with particular emphasis on the visual impact of the large concrete turning circle of 16m in diameter. The finish to the turning circle will be in tarmacadam, which will be less visually intrusive than concrete. Further details are required regarding the retaining structure for the car parking and the protected pedestrian access walkway. The choice of materials, finishing, and landscaping of these elements can further reduce visual impacts. These elements can be managed through the application of planning conditions.

CONCLUSION 11.1 When determining planning applications, the Planning Authority is required to make their

determination in accordance with the provisions of the Development Plan. This plan led system supports a presumption in favour of development, which accords with the provisions of the Development Plan and accepts that the principle of development should be taken as established unless material considerations indicate otherwise. Material considerations, Scottish Government policy, and Comhairle Development Plan policy have been considered in relation to this proposal for a land based facility to serve fish farm assets within Loch Seaforth. The proposed use of the shore base is deemed acceptable within a residential area. The proposed working hours, the distance between the development and residential properties, the proposed use, and the introduction of landscaping will greatly reduce adverse amenity impacts to neighbouring residents.

11.2 The Planning Service has assessed the proposal as in compliance with the Development Plan and national policy and therefore recommends that the application be approved subject to conditions within Appendix 1 to this Report.

APPENDIX 1

SCHEDULE OF PROPOSED CONDITIONS

Condition 1 Despite the provisions of Class 4 of the Town and Country Planning (Use Classes) (Scotland) Order, 1997 (or any other similar Order) the use of the application site (including buildings) shall be limited to welfare facilities comprising an office, storage area, small workshop, mess room, and toilets, with external access, parking, turning circle, pedestrian walkway, and graded access to the sea. Any other or additional use shall require a separate specific planning permission.

Reason Because other possible uses which may be allowable within the terms of the Use Class Order could cause detriment because of noise, smell or increased traffic movement.

Condition 2 Any operations on the site to which this planning permission relates shall,

throughout the life of the development, only take place between the hours of 0830 to 1700 on Mondays to Fridays, and 0830 to 1300 on Saturdays, unless otherwise in accordance with Condition 3.

Reason In order to protect the occupants of nearby premises from nuisance and disturbance. Condition 3 Prior to the use of the site, a Method Statement detailing exceptional

circumstances for site operations outwith normal working hours shall be submitted for approval to the Comhairle as planning authority. The approved Method Statement shall then be implemented at all times to the satisfaction of the Comhairle as planning authority.

Reason In order to protect the amenities of neighbouring properties. Condition 4 Throughout the life of the development to which this planning permission relates,

external lighting shall be fitted and maintained so as to prevent external light spilling upwards and outwith the confines of the site.

Reason In the interests of neighbour amenity. Condition 5 Throughout the life of the development to which this planning permission relates,

all external lighting (save that required for legitimate health and safety or security considerations) shall be illuminated only during the operating hours of the site.

Reason In order to keep the penetration of artificial light to a minimum in the interests of the general amenity of the area.

Condition 6 Prior to the erection of the building which forms part of the planning permission to

which this development relates, the colour and treatment of the cedar timber cladding walls shall be agreed in writing with the Comhairle as Planning Authority. The approved details will be retained for the lifetime of the development unless otherwise agreed in writing.

Reason In the interests of visual amenity. Condition 7 Prior to the commencement of development, details of the materials and finishes of

the protected walkway indicated on Plan 02 shall be submitted for approval by the Comhairle as planning authority. The approved details will be retained for the lifetime of the development unless otherwise agreed in writing.

Reason In order to define the permission and avoid doubt. Condition 8 The shore base to which this planning permission relates shall not be used until

the new access, turning circle area, vehicle circulation area, and parking spaces shown on the approved plans have been surfaced with bitmac (or other suitable material, as agreed by the Comhairle as planning authority) marked out and drained to the satisfaction of the Comhairle as planning authority. Such areas and spaces shall be kept free of obstructions and retained only for the parking and circulation of vehicles throughout the life of the development.

Reason To ensure the satisfactory development of the site in the interests of road safety. Condition 9 Prior to the commencement of development, a revised parking plan showing the

parking area located a minimum of 3.5m from the road edge and including one

disabled parking bay in addition to five parking bays and a circulation area shall be submitted for approval to the Comhairle as planning authority. The approved details shall be retained for the life of the development.

Reason To ensure the satisfactory development of the site in the interests of road safety and access.

Condition 10 Throughout the life of the development, all loading and unloading of goods shall

take place within the curtilage of the site. Reason In the interests of road safety. Condition 11 The shore base to which this planning permission relates shall not be used until

the details shown on the access diagram, ref 10/00677; 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 12 Prior to the commencement of development a scheme for the landscaping of the

site shall be submitted for approval by the Comhairle as planning authority. The scheme will include cross sections through the site with details of the materials and finish of the retaining structure, details of the grading of banked areas along the access route, and details of proposed boundary treatment on the East of the site. The approved scheme shall be implemented and retained for the lifetime of the development unless otherwise agreed in writing.

Reason In order to secure the satisfactory development of the site in the interests of the visual amenity of the area.

Condition 13 This planning permission does not imply or give permission for the notional

pontoon indicated on Plan 02. Reason In order to define the permission and avoid doubt. Condition 14 The shore base which is the subject of this planning permission shall not be used

until the approved means of foul drainage has been made fully operational. Reason To ensure a satisfactory means of foul sewerage. Condition 15 Throughout the life of the development to which this planning permission relates

there shall be no exposed underbuilding more than 600mm deep, unless otherwise agreed in writing by the Comhairle as planning authority.

Reason To reduce the impact of the development in the interests of visual amenity of the area. Condition 16 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.

Reason In the interests of visual amenity and to safeguard the parking and manoeuvring areas. Condition 17 All building waste, and plant and equipment used at the construction stage of the

development shall be removed from the site before any building on the site is first used.

Reason In the interests of the satisfactory use and appearance of the site and its surroundings. Condition 18 Hours of construction shall be restricted to 0800 to 1900 on Mondays to Fridays,

and 0900 to 1300 on Saturday, unless otherwise agreed in writing with the Comhairle as planning authority.

Reason To protect amenity at noise sensitive properties.

APPENDIX 2 Location and Site Plan

Elevation Plans

Floorplans