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MINUTE of the MEETING of the PLANNING COMMITTEE of ORKNEY ISLANDS COUNCIL held in COUNCIL OFFICES, KIRKWALL on 4 JUNE 2014 at 11am Present: Councillors Robin W Crichton, Owen Tierney, Maurice C Davidson,

Andrew Drever, James Foubister, Alistair C Gordon, T Stephen Hagan, Steven B Heddle, J Harvey Johnston, Graham L Sinclair and William T Stout

Clerk to the Committee:

Angela Kingston, Committees Officer

In Attendance:

Gavin Barr, Executive Director of Development and Infrastructure (for Items 1 to 6) Roddy MacKay, Head of Planning and Regulatory Services Alastair Banks, Planning Manager (Development Management) Margaret Gillon, Senior Planner Jamie Macvie, Senior Planner (for Items 1 to 5) Peter Trodden, Solicitor

Observing:

Stuart West, Planning Manager (Development and Marine Planning) (for Items 1 to 9) Kenneth Roy, Team Leader Roads Support (for Items 6 to 9) Kirsty Groundwater, Press Officer (for Item 6)

Apology: Councillor James W Stockan

Declarations of Interest:

Councillor Robin W Crichton – Item 6 Councillor T Stephen Hagan – Item 6 Councillor William T Stout – Item 2

Councillor Robin W Crichton in the Chair 1. PLANNING APPLICATION 12/766/TPP

PROPOSED ERECTION OF WIND TURBINE AT SKERRYVOE, EVIE David Harrold, representing the applicants, Mr and Mrs Armstrong, was present during consideration of this item. After consideration of a report by the Executive Director of Development and Infrastructure, copies of which had been circulated, and after hearing a report from the Planning Manager (Development Management), the Committee:- NOTED:- 1.1. that letters of objection had been received from the following:-

1.1.1. John Hinckley, Glebe Mill, Evie; 1.1.2. Christine Clipsham, Costa Schoolhouse, Evie; 1.1.3. Michael Johnson, Stoo, Costa, Evie;

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1.1.4. John Towers, Tumble-In, Shore Road, Evie; 1.1.5. Denise Dupres, Benlaw, Costa, Evie; and 1.1.6. Rosemary Smyth, Benlaw, Costa, Evie.

After hearing representations from David Harrold, representing the applicants, Mr and Mrs Armstrong, on the motion of Councillor M C Davidson, seconded by Councillor T S Hagan, the Committee:- RESOLVED, in terms of delegated powers:- 1.2. that planning permission be granted in respect of the proposed erection of a

wind turbine at Skerryvoe, Evie, subject to the conditions listed in Appendix 1 to this Minute.

2. PLANNING APPLICATION 14/020/MAR

PROPOSED CHANGE TO EXISTING 10 X 90M CIRCUMFERENCE CAGES TO 10 X 100M CIRCUMFERENCE CAGES AND REPOSITION AT MEIL BAY, ST OLA

Councillor W T Stout declared a non-financial interest in this item, in that a family member was employed by, and was representing, the applicant, and was not present during discussion thereof. Chris Webb, representing the applicant, Meridian Salmon Farms Limited, and Fiona Matheson, representing the objector, Orkney Fisheries Association, were present during consideration of this item. After consideration of a report by the Executive Director of Development and Infrastructure, copies of which had been circulated, and after hearing a report from M Gillon, Senior Planner, the Committee:- NOTED:- 2.1. that letters of objection had been received from the following:-

2.1.1. Orkney Trout Fishing Association, c/o Caolila, Heddle Road, Finstown;

and 2.1.2. Orkney Fisheries Association, c/o Fiona Matheson, 4 Ferry Terminal

Building, Kirkwall Pier, Kirkwall. After hearing representations from Fiona Matheson, representing the objector, Orkney Fisheries Association, and from Chris Webb, representing the applicant, Meridian Salmon Farms Limited, Councillor J Foubister, seconded by Councillor J H Johnston, moved that planning permission be granted in respect of proposed alterations to the existing fin fish farm at Meil Bay, St Ola, by increasing the existing 10 x 90m circumference cages to 10 x 100m circumference cages, and repositioning the cages, subject to conditions as proposed by officers.

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Councillor M C Davidson, seconded by Councillor O Tierney, moved an amendment that the application be refused, as the proposed development did not comply with part 1 of policy SD8 of the Orkney Local Development Plan 2014, in that the development would have unacceptable direct effects on wider biodiversity interests, in particular in terms of impact on the sea bed through the accumulation of waste products. On a vote being taken 2 members voted for the amendment and 8 for the motion, and the Committee:- RESOLVED, in terms of delegated powers:- 2.2. that planning permission be granted in respect of the proposed alterations to

the existing fin fish farm at Meil Bay, St Ola, by increasing the existing 10 x 90m circumference cages to 10 x 100m circumference cages, and repositioning the cages, subject to the conditions listed in Appendix 2 to this Minute.

3. PLANNING APPLICATION 14/059/PP

PROPOSED DEMOLITION OF EXISTING BUILDINGS AND REFURBISHMENT OF REMAINING BUILDINGS TO FORM SIX ONE-BEDROOM DWELLINGS AND CONSTRUCTION OF CAR PARK AT GLAITNESS FARMHOUSE, GLAITNESS ROAD, KIRKWALL

The Committee NOTED that this item had been withdrawn. 4. PLANNING APPLICATION 14/070/PP

PROPOSED ERECTION OF GENERAL PURPOSE SHED FOR PURPOSES ANCILLARY TO ADJACENT DWELLINGHOUSE AT GLOWEROWERUM, INNERTOWN, STROMNESS

After consideration of a report by the Executive Director of Development and Infrastructure, copies of which had been circulated, and after hearing a report from the Planning Manager (Development Management), the Committee:- NOTED:- 4.1. that a letter of objection had been received from Michael King, Glowerour,

Weaverhall Road, Innertown, Stromness.

On the motion of Councillor M C Davidson, seconded by Councillor J H Johnston, the Committee RESOLVED, in terms of delegated powers:- 4.2. that planning permission be granted in respect of the proposed erection of a

general purpose shed, for purposes ancillary to the adjacent dwellinghouse, at Glowerowerum, Innertown, Stromness, subject to the conditions listed in Appendix 3 to this Minute.

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5. PLANNING APPLICATIONS 14/089/PP AND 14/090/LB

PROPOSED PART RETROSPECTIVE ERECTION OF GLAZED LEAN-TO PORCH WITH TIMBER CLAD GABLE AND ERECTION OF FENCE AT 9 ST CATHERINE’S PLACE, KIRKWALL

Sandy McEwen, representing the applicant, William McEwen, was present during consideration of this item. After consideration of a report by the Executive Director of Development and Infrastructure, copies of which had been circulated, and after hearing a report from J Macvie, Senior Planner, the Committee:- NOTED:-

5.1. that a letter of objection had been received from Shaun Challoner,

10 St Catherine’s Place, Kirkwall.

After hearing representations from Sandy McEwen, representing the applicant, William McEwen, on the motion of Councillor A C Gordon, seconded by Councillor W T Stout, the Committee:- RESOLVED, in terms of delegated powers:- 5.2. that planning permission be granted retrospectively in respect of the erection

of a glazed lean-to porch with timber clad gable and the erection of a fence at 9 St Catherine’s Place, Kirkwall; and

5.3. that listed building consent be granted retrospectively in respect of the erection of a glazed lean-to porch with timber clad gable and the erection of a fence at 9 St Catherine’s Place, Kirkwall, subject to the condition listed in Appendix 4 to this Minute.

6. PLANNING APPLICATION 14/100/PIPMAJ

PROPOSED ERECTION OF HEALTHCARE FACILITY, ASSOCIATED INFRASTRUCTURE, LANDSCAPING AND ENABLING WORKS AT NEW SCAPA ROAD, KIRKWALL

Councillor T S Hagan declared a financial interest in this item, in that he was the Council-appointed representative on the Board of NHS Orkney, and was not present during discussion thereof.

Councillor R W Crichton declared a non-financial interest in this item, in that he had discussed the application with one of the objectors, and was not present during discussion thereof.

Signed: R Crichton

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Councillor O Tierney took the Chair for this item.

Gordon Shirreff and Alan Harrison, representing the applicant, NHS Orkney, and Keith Moar, objector, were present during consideration of this item. After consideration of a report by the Executive Director of Development and Infrastructure, copies of which had been circulated, and after hearing a report from the Planning Manager (Development Management), the Committee:- NOTED:-

6.1. that letters of objection had been received from the following:-

6.1.1. Victor and Sheila Mainland, Bidston, 3 Scapa Court, Kirkwall; 6.1.2. Jackie and Marlene Miller, 12 Scapa Court, Kirkwall; 6.1.3. Johnny and Cath Russell, 6 Scapa Court, Kirkwall; 6.1.4. Eric and Lillian McLennan, 8 Scapa Court, Kirkwall; 6.1.5. Margaret Flett, Mossbank, 10 Scapa Court, Kirkwall; 6.1.6. Keith and Maureen Moar, Alvegg, 2 Scapa Court, Kirkwall; 6.1.7. Keith Gooch, Lindon, 7 Scapa Court, Kirkwall; 6.1.8. Donald and Jean Bain, St Fillans, 9 Scapa Court, Kirkwall; and 6.1.9. Donald and Lillian Low, Ralston, 11 Scapa Court, Kirkwall; and

6.2. that, following receipt of information from the applicant regarding flood

mitigation, the Scottish Environment Protection Agency had withdrawn its objection.

After hearing representations from Keith Moar, objector, and from Gordon Shirreff and Alan Harrison, representing the applicant, NHS Orkney, on the motion of Councillor J Foubister, seconded by Councillor M C Davidson, the Committee:- RESOLVED, in terms of delegated powers:-

6.3. that planning permission in principle be granted in respect of the proposed

erection of a healthcare facility, associated infrastructure, landscaping and enabling works at New Scapa Road, Kirkwall, subject to the conditions listed in Appendix 5 to this Minute.

Signed: Owen Tierney

Councillors M C Davidson and A C Gordon left the meeting at this point.

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7. PLANNING APPLICATION 14/122/PP

PROPOSED ERECTION OF HOUSE WITH AIR SOURCE HEAT PUMP AND ALTERATIONS TO VEHICULAR ACCESS AT 1 BROADSANDS ROAD, KIRKWALL

Stephen Kemp, representing the applicant, Orkney Builders (Contractors) Limited, was present during consideration of this item. After consideration of a report by the Executive Director of Development and Infrastructure, copies of which had been circulated, and after hearing a report from the Planning Manager (Development Management), the Committee:- NOTED:-

7.1. that letters of objection had been received from the following:-

7.1.1. Valerie Eunson and Edgar Thomson, 1 Broadsands Road, Kirkwall; 7.1.2. F Drever and I Antonio, 3 Broadsands, Road, Kirkwall; 7.1.3. Edgar Gibson, Transcona, New Scapa Road, Kirkwall; and 7.1.4. Sheena Smith, Mossfell, Manse Road, Kirkwall.

After hearing representations from Stephen Kemp, representing the applicant, Orkney Builders (Contractors) Limited, on the motion of Councillor J Foubister, seconded by Councillor J H Johnston, the Committee:- RESOLVED, in terms of delegated powers:- 7.2. that planning permission be granted in respect of the proposed erection of a

house with an air source heat pump and alterations to the vehicular access at 1 Broadsands Road, Kirkwall, subject to the conditions listed in Appendix 6 to this Minute.

8. PLANNING APPLICATION 14/142/PIP

PROPOSED SITING OF HOUSE AND CREATION OF ACCESS AT HIGHLAND PARK HOUSE, LYNN ROAD, KIRKWALL

Alistair MacKenzie, agent for the applicant, Chloe Croft-Jackson, was present during consideration of this item. After consideration of a report by the Executive Director of Development and Infrastructure, copies of which had been circulated, and after hearing a report from the Planning Manager (Development Management), the Committee:- NOTED:-

8.1. that letters of objection had been received from the following:-

8.1.1. Katharyn and Andrew Coghill, 1 Oak Cottage, Highland Park, Kirkwall;

and

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8.1.2. Antony Hodgson, Highland Park House, St Ola.

The Committee RESOLVED, in terms of delegated powers:-

8.2. that planning permission in principle be granted in respect of the proposed siting of a house and creation of an access at Highland Park House, Lynn Road, Kirkwall, subject to the conditions listed in Appendix 7 to this report.

9. CONCLUSION OF MEETING At 2.50pm the Chair declared the meeting concluded.

Signed: R Crichton

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Appendix 1 Proposed Erection of Wind Turbine at Skerryvoe, Evie (12/766/TPP) GRANT subject to the following conditions: 01. The colour of the wind turbine hereby approved shall be matt grey/metallic for

the tower and matt grey (RAL7000, or closest available alternative agreed in writing by the Planning Authority) for the nacelle and blades, unless otherwise agreed in writing by the Planning Authority. No logos or branding shall be used on the wind turbine.

Reason: To minimise the visual impact of the development and to protect the

visual amenity of the area. 02. The rating level of noise immissions from the effect of the wind turbine (including

the application of any tonal penalty) when determined in accordance with the attached Guidance Notes, shall not exceed the values for the relevant integer wind speed set out in, or derived from, the tables attached to these conditions at any dwelling which is lawfully existing or has planning permission at the date of this permission and:

a) The wind turbine operator shall continuously log power production, wind

speed and wind direction, all in accordance with Guidance Note 1(d). These data shall be retained for a period of not less than 24 months. The wind turbine operator shall provide this information in the format set out in Guidance Note 1(e) to the Local Planning Authority on its request, within 14 days of receipt in writing of such a request.

b) No electricity shall be exported until the wind turbine operator has submitted

to the Local Planning Authority for written approval a list of proposed independent consultants who may undertake compliance measurements in accordance with this condition. Amendments to the list of approved consultants shall be made only with the prior written approval of the Local Planning Authority.

c) Within 21 days from receipt of a written request from the Local Planning

Authority following a complaint to it from an occupant of a dwelling alleging noise disturbance at that dwelling, the wind turbine operator shall, at its expense, employ a consultant approved by the Local Planning Authority to assess the level of noise immissions from the wind turbine at the complainant’s property in accordance with the procedures described in the attached Guidance Notes. The written request from the Local Planning Authority shall set out at least the date, time and location that the complaint relates to and any identified atmospheric conditions, including wind direction, and include a statement as to whether, in the opinion of the Local Planning Authority, the noise giving rise to the complaint contains or is likely to contain a tonal component.

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d) The assessment of the rating level of noise immissions shall be undertaken in accordance with an assessment protocol that shall previously have been submitted to and approved in writing by the Local Planning Authority. The protocol shall include the proposed measurement location identified in accordance with the Guidance Notes where measurements for compliance checking purposes shall be undertaken, whether noise giving rise to the complaint contains or is likely to contain a tonal component, and also the range of meteorological and operational conditions (which shall include the range of wind speeds, wind directions, power generation and times of day) to determine the assessment of rating level of noise immissions. The proposed range of conditions shall be those which prevailed during times when the complainant alleges there was disturbance due to noise, having regard to the written request of the Local Planning Authority under paragraph (c), and such others as the independent consultant considers likely to result in a breach of the noise limits.

e) Where a dwelling to which a complaint is related is not listed in the tables

attached to these conditions, the wind turbine operator shall submit to the Local Planning Authority for written approval proposed noise limits selected from those listed in the Tables to be adopted at the complainant’s dwelling for compliance checking purposes. The proposed noise limits are to be those limits selected from the Tables specified for a listed location which the independent consultant considers as being likely to experience the most similar background noise environment to that experienced at the complainant’s dwelling. The rating level of noise immissions resulting from the combined effects of the wind turbines when determined in accordance with the attached Guidance Notes shall not exceed the noise limits approved in writing by the Local Planning Authority for the complainant’s dwelling.

f) The wind turbine operator shall provide to the Local Planning Authority the

independent consultant’s assessment of the rating level of noise immissions undertaken in accordance with the Guidance Notes within 2 months of the date of the written request of the Local Planning Authority for compliance measurements to be made under paragraph (c), unless the time limit is extended in writing by the Local Planning Authority. The assessment shall include all data collected for the purposes of undertaking the compliance measurements, such data to be provided in the format set out in Guidance Note 1(e) of the Guidance Notes. The instrumentation used to undertake the measurements shall be calibrated in accordance with Guidance Note 1(a) and certificates of calibration shall be submitted to the Local Planning Authority with the independent consultant’s assessment of the rating level of noise immissions.

g) Where a further assessment of the rating level of noise immissions from the

wind turbine is required pursuant to Guidance Note 4(c), the wind turbine operator shall submit a copy of the further assessment within 21 days of submission of the independent consultant’s assessment pursuant to paragraph (d) above unless the time limit has been extended in writing by the Local Planning Authority.

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h) Once the Local Planning Authority has received the independent consultant’s noise assessment required by this condition, including all noise measurements and any audio recordings, where the Local Planning Authority is satisfied of an established breach of the noise limits set out in the attached tables 1 and 2, upon notification by the Local Planning Authority in writing to the wind turbine operator of the said breach, the wind turbine operator shall within 21 days propose a scheme for the approval of the Local Planning Authority. The scheme shall be designed to mitigate the breach and to prevent its future recurrence. This scheme shall specify the timescales for implementation. The scheme shall be implemented as reasonably approved by the Local Planning Authority and according to the timescales within it. The scheme as implemented shall be retained thereafter unless otherwise agreed with the Local Planning Authority.

Table 1 – Between 07:00 and 23:00 – Noise limits expressed in dB

LA90,10-minute as a function of the standardised wind speed (m/s) at 10 metre height as determined within the site averaged over 10 minute periods.

Standardised wind speed at 10 meter height (m/s) within

the site averaged over 10 minute periods.

Location 1 2 3 4 5 6 7 8 9 10 11 12

Outer Urrigar 35 35 35 35 35 35 35 35 37 39 41 43

Table 2 – Between 23:00 and 07:00 – Noise limits expressed in dB LA90,10-minute as a function of the standardised wind speed (m/s) at 10 metre height as determined within the site averaged over 10 minute periods.

Standardised wind speed at 10 meter height (m/s) within

the site averaged over 10 minute periods.

Location 1 2 3 4 5 6 7 8 9 10 11 12

Outer Urrigar 35 35 35 35 35 35 35 35 37 39 41 43

Table 3: Coordinate locations of the properties listed in Tables 1 and 2.

Property Easting Northing

Outer Urrigar 333716 1028279

Note to Table 3: The geographical coordinate references are provided for the

purpose of identifying the general location of dwellings to which a given set of noise limits applies.

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Guidance Notes For Noise Conditions

These notes are to be read with and form part of the noise condition. They further explain the condition and specify the methods to be employed in the assessment of complaints about noise immissions from the wind turbine. The rating level at each integer wind speed is the arithmetic sum of the wind turbine noise level as determined from the best-fit curve described in Guidance Note 2 of these Guidance Notes and any tonal penalty applied in accordance with Guidance Note 3. Reference to ETSUR-97 refers to the publication entitled “The Assessment and Rating of Noise from Wind Farms” (1997) published by the Energy Technology Support unit (ETSU) for the Department of Trade and Industry (DTI).

Guidance Note 1 (a) Values of the LA90,10-minute noise statistic should be measured at the

complainant’s property, using a sound level meter of EN 60651/BS EN 60804 Type 1, or BS EN 61672 Class 1 quality (or the equivalent UK adopted standard in force at the time of the measurements) set to measure using the fast time weighted response as specified in BS EN 60651/BS EN 60804 or BS EN 61672-1 (or the equivalent UK adopted standard in force at the time of the measurements). This should be calibrated in accordance with the procedure specified in BS 4142: 1997 (or the equivalent UK adopted standard in force at the time of the measurements). Measurements shall be undertaken in such a manner to enable a tonal penalty to be applied in accordance with Guidance Note 3.

(b) The microphone should be mounted at 1.2 – 1.5 metres above ground level,

fitted with a two-layer windshield or suitable equivalent approved in writing by the Local Planning Authority, and placed outside the complainant’s dwelling. Measurements should be made in “free field” conditions. To achieve this, the microphone should be placed at least 3.5 metres away from the building facade or any reflecting surface except the ground at the approved measurement location. In the event that the consent of the complainant for access to his or her property to undertake compliance measurements is withheld, the wind turbine operator shall submit for the written approval of the Local Planning Authority details of the proposed alternative representative measurement location prior to the commencement of measurements and the measurements shall be undertaken at the approved alternative representative measurement location.

(c) The LA90,10-minute measurements should be synchronised with

measurements of the 10-minute arithmetic mean wind and operational data logged in accordance with Guidance Note 1(d), including the power generation data from the turbine control systems of the wind.

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(d) To enable compliance with the conditions to be evaluated, the wind turbine operator shall continuously log arithmetic mean wind speed and wind direction at hub height for each turbine and arithmetic mean power generated by each turbine, all in successive 10-minute periods, unless otherwise agreed in writing with the Local Planning Authority. The mean wind speed data for the operating turbines shall be ‘standardised’ to a reference height of 10 metres as described in ETSU-R-97 at page 120 using a reference roughness length of 0.05 metres. It is this standardised 10 metre height wind speed data which is correlated with the noise measurements determined as valid in accordance with Guidance Note 2, such correlation to be undertaken in the manner described in Guidance Note 2. All 10-minute periods shall commence on the hour and in 10- minute increments thereafter.

(e) Data provided to the Local Planning Authority in accordance with the noise

condition shall be provided in comma separated values in electronic format. Guidance Note 2 (a) The noise measurements shall be made so as to provide not less than 20

valid data points as defined in Guidance Note 2. (b) Valid data points are those measured in the conditions specified in the

agreed written protocol under paragraph (d) of the noise condition, but excluding any periods of rainfall measured in the vicinity of the sound level meter. Rainfall shall be assessed by use of a rain gauge that shall log the occurrence of rainfall in each 10 minute period concurrent with the measurements periods set out in Guidance Note 1. In specifying such conditions the Local Planning Authority shall have regard to those conditions which prevailed during times when the complainant alleges there was disturbance due to noise or which are considered likely to result in a breach of the limits.

(c) For those data points considered valid in accordance with Guidance Note

2(b), values of the LA90,10-minute noise measurements and corresponding values of the 10- minute wind speed, as derived from the standardised ten metre height wind speed averaged across all operating wind turbines using the procedure specified in Guidance Note 1(d), shall be plotted on an XY chart with noise level on the Y-axis and the standardised mean wind speed on the X-axis. A least squares, “best fit” curve of an order deemed appropriate by the independent consultant (but which may not be higher than a fourth order) should be fitted to the data points and define the wind turbine noise level at each integer speed.

Guidance Note 3 (a) Where, in accordance with the approved assessment protocol under

paragraph (d) of the noise condition, noise immissions at the location or locations where compliance measurements are being undertaken contain or are likely to contain a tonal component, a tonal penalty is to be calculated and applied using the following rating procedure.

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(b) For each 10-minute interval for which LA90,10-minute data have been determined as valid in accordance with Guidance Note 2 a tonal assessment shall be performed on noise immissions during 2 minutes of each 10 minute period. The 2-minute periods should be spaced at 10-minute intervals provided that uninterrupted uncorrupted data are available (“the standard procedure”). Where uncorrupted data are not available, the first available uninterrupted clean 2-minute period out of the affected overall 10-minute period shall be selected. Any such deviations from the standard procedure, as described in Section 2.1 on pages 104-109 of ETSU-R-97, shall be reported.

(c) For each of the 2-minute samples the tone level above or below audibility

shall be calculated by comparison with the audibility criterion given in Section 2.1 on pages 104 -109 of ETSU-R-97.

(d) The tone level above audibility shall be plotted against wind speed for each

of the 2-minute samples. Samples for which the tones were below the audibility criterion or no tone was identified, a value of zero audibility shall be substituted.

(e) A least squares “best fit” linear regression line shall then be performed to

establish the average tone level above audibility for each integer wind speed derived from the value of the “best fit” line at each integer wind speed. If there is no apparent trend with wind speed then a simple arithmetic mean shall be used. This process shall be repeated for each integer wind speed for which there is an assessment of overall levels in Guidance Note 2.

(f) The tonal penalty is derived from the margin above audibility of the tone

according to the figure 17 on page 104 of ETSU-R-97 (The Assessment and Rating of Noise from Wind Farms).

Guidance Note 4 (a) If a tonal penalty is to be applied in accordance with Guidance Note 3 the

rating level of the turbine noise at each wind speed is the arithmetic sum of the measured noise level as determined from the best fit curve described in Note 2 and the penalty for tonal noise as derived in accordance with Guidance Note 3 at each integer wind speed within the range specified by the Local Planning Authority in its written protocol under paragraph (d) of the noise condition.

(b) If no tonal penalty is to be applied then the rating level of the turbine noise at

each wind speed is equal to the measured noise level as determined from the best fit curve described in Guidance Note 2.

(c) In the event that the rating level is above the limit(s) set out in the Tables

attached to the noise conditions or the noise limits for a complainant’s dwelling approved in accordance with paragraph (e) of the noise condition, the independent consultant shall undertake a further assessment of the rating level to correct for background noise so that the rating level relates to wind turbine noise immission only.

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(d) The wind turbine operator shall ensure that the wind turbine in the development is turned off for such period as the independent consultant requires to undertake the further assessment. The further assessment shall be undertaken in accordance with the following steps:

(e) Repeating the steps in Guidance Note 2, with the wind turbine switched off,

and determining the background noise (L3) at each integer wind speed within the range requested by the Local Planning Authority in its written request under paragraph (c) and the approved protocol under paragraph (d) of the noise condition.

(f) The wind turbine noise (L1) at this speed shall then be calculated as follows

where L2 is the measured level with turbine running but without the addition of any tonal penalty:

L1 = 10log[10 L2/10 – 10 L3/10] (g) The rating level shall be re-calculated by adding the tonal penalty (if any is

applied in accordance with Note (3) to the derived wind turbine noise L1 at that integer wind speed.

(h) If the rating level after adjustment for background noise contribution and

adjustment for tonal penalty (if required in accordance with note (iii) above) at any integer wind speed lies at or below the values set out in the Tables attached to the conditions or at or below the noise limits approved by the Local Planning Authority for a complainant’s dwelling in accordance with paragraph (e) of the noise condition then no further action is necessary. If the rating level at any integer wind speed exceeds the values set out in the Tables attached to the conditions or the noise limits approved by the Local Planning Authority for a complainant’s dwelling in accordance with paragraph (e) of the noise condition then the development fails to comply with the conditions.

Reason: To protect the residents of nearby residential properties from

disturbance as a result of noise generated during operation of the development. 03. Should any complaints be received in respect of disruption to Radio/TV

reception the developer shall fully investigate these complaints and provide a satisfactory solution within a timescale specified in writing by the Planning Authority, details of which shall be submitted to the Planning Authority for approval in writing. The approved details shall thereafter be implemented in accordance with the terms specified by the Planning Authority and retained throughout the life of the development unless otherwise agreed in writing by the Planning Authority.

Reason: To protect the residents of nearby residential properties from

unacceptable levels of disruption to Radio/TV reception.

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04. If the wind turbine hereby approved is not operational and producing energy for

a period of one year, then the wind turbine, foundation and any other associated equipment shall be removed and the site restored to its previous condition and use, to the satisfaction of the Planning Authority.

Reason: To protect the visual amenity of the area. 05. Prior to commencement of any works on the hereby approved development

confirmation of the date construction starts and ends, the maximum height of construction equipment and the latitude and longitude of the turbine shall be sent to the Defence Estates at the following address:

DE Operations North Safeguarding Wind Energy Kingston Road, Sutton Coldfield, B75 7RL Reason: The information is required to be plotted on flying charts for military

aircraft. 06. Prior to the commencement of development a method statement for an

archaeological watching brief shall be submitted to, and approved in writing by, the Planning Authority. The method statement shall be prepared by a suitably qualified person and shall provide for the recording, recovery and reporting of items of interest or finds within the application site. Thereafter the development shall be implemented in accordance with the duly approved details with the suitably qualified person being afforded access at all reasonable times during ground disturbance works.

Reason: In order to protect archaeological resources.

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Appendix 2

Proposed Change to Existing 10 x 90m Circumference Cages to 10 x 100m Circumference Cages and Reposition at Meil Bay, St Ola (14/020/MAR) GRANT subject to the following conditions: 01. At all times when equipment is on site the following navigational marks shall

be provided: This site should be marked by means of a lit yellow pole, flashing group four

yellow every twelve seconds, (Fl(4) Y 12s) and fitted with a yellow multiplication cross topmark.

The pole should be positioned at the most Northerly corner of the group of cages. The pole used should be at least 75mm in diameter and not less than 1 metre in height above the site equipment hand rails, the light should be installed on the top of the pole; the visible range of the light should be two nautical miles. The pole should be positioned such that it can be clearly seen by vessels approaching from all navigable directions. The multiplication cross should measure a minimum of 50cm in length by 7.5cm in width and be installed below the light.

Reason: In the interests of navigational safety. 02. The finished surfaces of all equipment above the water surface, including

surface floats and buoys associated with the development hereby permitted, but excluding those required to comply with navigational requirements, shall be non-reflective and finished in a dark muted grey unless otherwise agreed, in writing, in advance with the Planning Authority.

Reason: To minimise the visual impact of the development. 03. In the event of equipment falling into disrepair or becoming damaged, adrift,

stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, the developer shall carry out, or make suitable arrangements for the carrying out of, all measures necessary for lighting, buoying, raising, repairing, moving or destroying, the whole or any part of the equipment, as agreed, in writing, with the Planning Authority.

Reason: To ensure that the development does not cause a danger to other

users of the area. 04. In the event that the fish cages or associated equipment approved by this

permission cease to be in operational use for the growing of finfish for a period exceeding three years, they shall be wholly removed and the site restored to the satisfaction of the Planning Authority within 4 months of being notified, unless otherwise agreed in writing by the Planning Authority.

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Reason: To ensure the development is removed, in full, from the site once

operational use has ceased ensuring the development will not adversely affect the area.

05. All equipment and associated moorings approved by this permission shall be

wholly contained within the area identified on the Admiralty Chart received as part of the Planning Application submission, the approved mooring containment area being:

NE extremity: HY 58059.775 N 02053.735 W SE extremity: HY 58059.581 N 02053.917 W SW extremity: HY 58059.634 N 02054.125 W NW extremity: HY 58059.827 N 02053.941 W Reason: To ensure the development is moored in accordance with the

submitted co-ordinates. 06. The development shall be constructed and implemented in accordance with

the ‘Escape Prevention and Recapture Strategy’ and the ‘Predator Control Plan’ and 'mitigation strategies', and thereafter operated and maintained in accordance with these strategies and plan throughout the lifetime of the development, unless otherwise agreed in writing with the Planning Authority.

Reason: In order to safeguard the natural heritage and biodiversity interests in

the area. 07. Details of the location of the on-land construction site for the cages and

equipment shall be submitted to, and agreed in writing by, the Planning Authority within 3 months of the date of this approval.

Reason: To ensure any on-land work is appropriately controlled. 08. The feeders and associated equipment hereby approved shall be finished in a

dark grey colour or brushed aluminium, and thereafter shall be retained in accordance with the approved details throughout the lifetime of the development, unless otherwise agreed in writing by the Planning Authority.

Reason: In the interests of the visual amenity of the area.

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Appendix 3

Proposed Erection of General Purpose Shed for Purposes Ancillary to Adjacent Dwellinghouse at Glowerowerum, Innertown, Stromness (14/070/PP) GRANT subject to the following conditions: 01. The GP shed hereby approved shall be used throughout its life only for

purposes ancillary and incidental to the dwellinghouse at Glowerowerum. Reason: In order to clarify the terms of the permission in the interests of the

amenities of the area, in particular the amenities of residents of houses nearby and to ensure compatibility with the terms of planning permission ref 10-579-PP which was approved subject to the following condition:

“07. The access hereby approved shall be used only as a residential access to

the house, Glowerowerum and shall at no time be used for any agricultural, commercial or other purpose that is not ancillary to the residential use of the house, Glowerowerum.

Reason: In order to protect the amenities of residents of houses on Weaverhall” 02. Hours of construction work on site involving the use of machinery and powered

tools, or any other operation, for example hammering, that would generate noise audible beyond the boundary of the site, shall only take place between the hours of 7.30am and 7pm Mondays to Fridays, 9am to 5pm on Saturdays and not at all on Sundays or the Christmas or New Year Public Holidays, unless otherwise agreed in writing with the Planning Authority.

Reason: To prevent unacceptable levels of disturbance to residents.

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Appendix 4

Proposed Part Retrospective Erection of Glazed Lean-to Porch with Timber Clad Gable and Erection of Fence at 9 St Catherine’s Place, Kirkwall (14/090/LB) GRANT, subject to the following condition: 01. The west gable of the porch shall be clad with vertical boarded timber, a solid

timber door installed, and timber framing added, in accordance with drawing ‘Plan and Elevation’ hereby approved, and all exterior joinery including the fence shall be painted green/grey. All works shall be completed no later than six months from the date of this decision notice, unless otherwise agreed in writing by the Planning Authority.

Reason: To preserve the character and appearance of Kirkwall Conservation Area, to protect the special interest of the listed building, and to regularise the development by ensuring it is completed in accordance with approved plans.

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Appendix 5

Proposed Erection of Healthcare Facility, Associated Infrastructure, Landscaping and Enabling Works at New Scapa Road, Kirkwall (14/100/PIPMAJ) GRANT subject to the following conditions: 01. Within three years of the date of this permission, an application for approval of

the following matters shall be submitted to, and approved in writing by, the Planning Authority:

a) The siting, design and external appearance of all buildings and other

structures, accompanied by cross sections north-south and east-west through the site and beyond to include houses on Scapa Court and the youth hostel together with a daylight and sunlight study based on the approach of the Building Research Establishment (BRE) guide ‘Site Layout Planning for Daylight and Sunlight: a guide to good practice’ by P J Littlefair 2011 (or other approach to be agreed in writing by the Planning Authority) to meet the requirements of the British Standard, BS 8206 Part 2 to show levels of impact on houses in Scapa Court.

b) The access details and the layout of the site, including geometry, sizes

and layout of all roads, footways and cycleways (including a link through the site to the Crantit Trail), pedestrian crossing points on surrounding public roads, ordinary and disability parking spaces, loading bays and manoeuvring areas, all to be as previously ascertained from advice from OIC Roads Services following submission of, and agreement to, anticipated pedestrian, cycle and vulnerable road user movements.

c) Provision to be made for buses and taxis including access routes,

dedicated lay-bys and parking bays and shelters. d) Provision to be made for electric vehicle charging points and cycle

shelters. e) A scheme detailing all external artificial lighting including measures to

minimise light pollution. f) Details of all plant and machinery and chimneys accompanied by

measures to be implemented to secure abatement of noise and fumes. g) Details of any special construction techniques (e.g. pile driving) to be used

in the build phase accompanied by measures to be implemented to secure minimum disruption from noise and vibration.

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h) The provision to be made for landscaping of the site, including an area of

trees and shrubs a minimum of 20 metres wide adjoining the southern boundary of houses on Scapa Court and showing the location of all boundary walls and fences.

i) Details of measures to either preserve identified archaeology in situ, with

suitable precautions to ensure its long term preservation, e.g. with permanent fencing, or to excavate.

j) A sustainable drainage scheme (SuDS) containing evidence of how all

recommendations described within the JBA Consulting Report Section 3, page 14 (accompanying this application) are to be implemented with details of how these will be achieved, specifically that: 1. No buildings are to be located in the functional flood plain. 2. All finished floor levels to be a minimum of 7.40m AOD. 3. Inclusion of surface water management measures in design, sized

to accommodate the 1000 year event: including detailed SuDS calculations and proposed methods, including plan and section drawings be submitted. SuDS proposals are to be located outwith the modelled flood outlines up to and including the stated 0.1% AP / 1:1000 year return period events with a minimum 2 stages of treatment. Calculations should also cover anticipated 1:200yr + Climate Change flooding events.

4. Detailed proposals should be provided for ensuring there is no resultant out of bank flows to any road surfaces for the stated 0.1%AP/1000 year rainfall event.

5. Demonstration is provided to show that there is at least one dry vehicular access free from flood risk up to the design flood event.

6. Demonstration is provided to show that the overall development proposals do not result in an increase in flood risk elsewhere.

7. Information is provided to show on the effects on flood risk of any changes made to local culverts.

8. An evaluative proposal is made for the installation of a flap valve, or similar, on the Scapa Outfall to reduce tidal influences on the Crantit Canal for a variety of return periods of 0.5% AP and less including allowances for climate change.

k) A Waste Management Plan. l) Measures to meet carbon emissions reduction standards through the

installation and operation of zero-carbon generating technologies.

No development shall commence until all of these matters have been approved and, thereafter, the development shall be carried out in accordance with the approved details, unless otherwise agreed in writing by the Planning Authority.

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Reason: To accord with the Town and Country Planning (Scotland) Act 1997 as amended, and because the approval is in principle only.

02. Hours of construction work on site involving the use of machinery and

powered tools, or any other operation, for example hammering, that would generate noise audible beyond the boundary of the site, shall only take place between the hours of 7.30am and 7pm Mondays to Fridays, 9am to 5pm on Saturdays and not at all on Sundays or the Christmas or New Year Public Holidays, unless otherwise agreed, in writing, with the Planning Authority.

Reason: To safeguard the amenities of nearby residents. 03. Prior to the commencement of development, plans showing the construction

compound and any site for temporary storage of material or waste material (e.g. top soil) for the development shall be submitted to, and approved in writing by, the Planning Authority. The compound shall then be located in accordance with the approved plans.

Reason: To ensure that construction works are organised in such a way as to minimise disturbance to existing residents and to protect the visual amenity of the area.

04. Prior to the commencement of development a method statement for an

archaeological watching brief shall be submitted to, and approved in writing by, the Planning Authority.

The method statement shall be prepared by a suitably qualified person and shall provide for the recording, recovery and reporting of items of interest or finds within the application site.

Thereafter the development shall be implemented in accordance with the duly approved details with the suitably qualified person being afforded access at all reasonable times during ground disturbance works.

Reason: In order to protect archaeological resources.

05. Any trees, shrubs or areas of grass forming part of the planting scheme

approved and implemented under Condition 01 that die, are removed, damaged, or diseased within five years of the completion of the development shall be replaced in the next planting season with others of a similar size and species. A schedule of any works completed under this condition shall be kept and made available to the Planning Authority upon request.

Reason: To ensure that the landscaping scheme implemented under Condition 01 above is established and maintained and to allow monitoring of said maintenance.

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06. Prior to the commencement of development a pre-construction otter survey

shall be carried out, to gauge the level of otter activity adjacent to the site immediately prior to commencement of any construction works. Such survey should be carried out as close to the planned commencement of any works as is feasible, and no more than 12 weeks before the proposed start date. If the pre-construction survey shows otter activity near the development site, general mitigation measures as identified in the otter survey report submitted in support of this application shall be put in place to protect otters. If an otter shelter near the development site is found to be in use, then SNH should be consulted.

Reason: To protect otters which are a European Protected Species.

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Appendix 6

Proposed Erection of House with Air Source Heat Pump and Alterations to Vehicular Access at 1 Broadsands Road, Kirkwall (14/122/PP) GRANT subject to the following conditions: 01. The dwelling hereby approved shall be finished externally using the following

materials and colours: Roof - black mini-Stonewold roof tiles Walls - white dry dash render, with matching foundation course Rainwater goods - black Fascias and soffits - dark grey uPVC Windows and doors - dark grey uPVC Dormer and door surrounding - dark grey Eternit boarding Site boundary - block wall to match existing Thereafter, all materials and colours shall be retained in accordance with

agreed details throughout the lifetime of the development, unless otherwise agreed in writing by the Planning Authority.

Reason: To protect the appearance of the area and to accord with policy D9 of

the Orkney Local Development Plan (2014). 02. No excavation works shall be carried out within the site until: all protective

fencing is erected in accordance with the tree protection plan; the fencing is inspected on site by the Planning Authority; and the commencement of excavation works is approved in writing by the Planning Authority.

Reason: To ensure adequate protection of trees, including roots, throughout the

construction of the development. 03. With the exception of those specifically identified to be felled, all trees within the

application site boundary shall be retained and shall not be lopped, topped, felled, pruned or otherwise affected, including by works to tree roots, throughout the lifetime of the development, unless otherwise agreed in writing by the Planning Authority.

Reason: To ensure the permanent protection of retained trees. 04. Hours of construction work on site involving the use of machinery and powered

tools, or any other operation, for example hammering, that would generate noise audible beyond the boundary of the site, shall only take place between the hours of 7.30am and 7pm Mondays to Fridays, 9am to 5pm on Saturdays and not at all on Sundays or the Christmas or New Year Public Holidays, unless otherwise agreed in writing with the Planning Authority.

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Reason: To reduce disturbance to residents. 05. Throughout the life of the development, the maximum noise from the Air Source

Heat Pump hereby granted planning permission shall not exceed NR25 within any residential property outwith the development site, where NR25 is the Noise Rating Curve at 25, (noise measurements to be made with a window of any residential property outwith the development open no more than 50 mm).

Reason: to protect any nearby residents from excessive noise disturbance from

the air source heat pump.

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Appendix 7

Proposed Siting of House and Creation of Access at Highland Park House, Lynn Road, Kirkwall (14/142/PIP) GRANT subject to the following conditions: 01. Within three years of the date of this permission, an application for approval of

the following matters shall be submitted to, and approved in writing by, the Planning Authority:

(a) the siting, design and external appearance of all buildings and other

structures; (b) the access scheme as detailed in condition 02 below; (c) the layout of the site, including all roads, footways, manoeuvring areas,

parking areas and bin storage; (d) the design and location of all boundary walls and fences; (e) the provision of drainage works (including full SuDs details); (f) the disposal of sewage; and (g) detailed cross sections, including existing and proposed finished ground

levels.

No development shall commence until all of these matters have been approved and, thereafter, the development shall be carried out in accordance with the approved details, unless otherwise agreed in writing by the Planning Authority.

Reason: To accord with the Town and Country Planning (Scotland) Act 1997 as amended, and because the approval is in principle only.

02. Details of the access to be submitted in compliance with condition 01 shall

include measures to improve the current condition of the access tracks including widening, surface improvement and drainage works and the details to be submitted shall also include a management scheme detailing how the access to this development will be maintained in perpetuity. All approved details and scheme shall thereafter be implemented and retained throughout the life of the development to the satisfaction of the Planning Authority unless otherwise agreed in writing by the Planning Authority.

Reason: The existing access is in a poor state of repair and would benefit from improvement works and regular maintenance.

03. The dwelling house to be erected on this site shall not exceed one storey in

height.

Reason: In the interests of safeguarding the amenity of neighbouring residents.

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04. Details of screen fencing to be submitted in compliance with condition 01 shall include measure to protect the privacy of the adjacent properties.

Reason: In the interest of safeguarding the amenity of neighbouring residents. 05. Hours of construction work on site involving the use of machinery and

powered tools, or any other operation, for example hammering, that would generate noise audible beyond the boundary of the site, shall only take place between the hours of 8am and 6pm Mondays to Fridays, 8am to 12.30pm on Saturdays and not at all on Sundays or the Christmas or New Year Public Holidays, unless otherwise agreed, in writing, with the Planning Authority.

Reason: To safeguard the amenity of nearby residents. 06. A method statement shall be submitted to the Planning Authority, which

includes details of the construction route for all vehicles during construction, parking and manoeuvring for all construction and delivery vehicles and plans showing the location of contractors compound (storage of all material(including waste material, plant and machinery) and measures to ensure that the adjacent access remains useable.

Reason: To ensure that construction works are organised in such a way as to

minimise disturbance to existing residents and to minimise the impact to existing users of the adjacent network of access and footpaths.

07. No trees shall be lopped, topped, felled or otherwise affected throughout the

lifetime of the development, unless agreed in writing by the Planning Authority.

Reason: In the interests of the visual amenity of the area by protecting retained trees.

08. Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) (Scotland) Order 1992 (as amended), (or any Order revoking and re- enacting that Order(s) with or without modifications), there shall be no permitted development right exercised on any house built on this site.

Reason: In the interest of the residential amenity of the area and to minimise the risk to the adjacent access.

09. Details to be submitted in compliance with condition 01 shall show that the

buildings on the site shall not exceed one third of the site area. Reason: To protect the amenity of the area and to accord with the aims of the

supplementary guidance – “Development quality within settlements”