Housing Development in the Countryside

Transcription

Housing Development
in the Countryside
Supplementary Guidance
October 2013
Planning in Orkney
The Orkney Local Development Plan (the Plan), together with Supplementary Guidance sets out the
policies and criteria against which planning applications submitted in Orkney will be considered. All of the
policies in the Plan are afforded equal weight in the determination of planning applications. It is therefore
important to ensure that your proposal accords with all relevant policies.
This guidance sets out detailed advice to help you meet the requirements of the Plan. It is therefore
recommended that the document is read in conjunction with the policies contained within the Plan and
any Supplementary Guidance relevant to the type of development proposed.
The Council’s Development Management Officers deal with planning applications and they would
welcome the opportunity to discuss development proposals before any application is submitted.
Copies of this document
This document is available as a hard copy or in digital format. Please see www.orkney.gov.uk
Telephone: 01856 873535
Email: planning@orkney.gov.uk
Website: www.orkney.gov.uk/Service-Directory/D/Development-Management.htm
A glossary of planning terms used within the Council’s planning policy documents and supplementary
guidance can be found online at:
http://www.orkney.gov.uk/Service-Directory/G/Glossary-of-Planning-Terms.ht,
Published by Orkney Islands Council
© All rights reserved
www.orkney.gov.uk
Designed and Printed by The Orcadian – www.orcadian.co.uk
Contents
1 Introduction
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2
1.1Background
1.2
Planning policy
1.3
How to use this guidance
2 Development criteria
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2.1
2.2
2.3
2.4
The subdivision of an existing dwelling house
Accommodating an agricultural worker
Accommodating a retiring farmer Provision of 24 hour supervision for a rural business
3 Options for the utilisation of previously developed land
3.1
3.2
3.3
3.4
3.5
3.6
Option 1 Brownfield Opportunity Site
Option 2 Former dwelling house featured on the Orkney Local List
Extending a former dwelling house featured on the Local List
Option 3 Non-domestic structures of historic merit
Extending non-domestic structures of historic merit
Option 4 The replacement of an existing dwelling house
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4 Further information
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Appendix 1:
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Key definitions and policy tests
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1.2
Planning policy
This supplementary guidance accompanies
Policy C1 of the Orkney Local Development
Plan (the Plan) for the development of a single
new dwelling house in the countryside to
support the managed development of new
dwelling houses and extensions in the Orkney
countryside. It encourages the use of previously
used land, including the subdivision, replacement
or retention of existing buildings, which will
help to restore buildings and landscapes that
have been degraded. It also encourages the
sympathetic conversion of redundant traditional
and vernacular buildings.
Existing traditional and vernacular buildings
such as steadings, mills or other agricultural or
industrial outbuildings, often make a significant
contribution to the landscape character and
cultural heritage of the Orkney countryside.
The conversion and reuse of such buildings
offers opportunity for their conservation and
enhancement, bringing them back into effective
use. The policy also recognises that there may
also be special circumstances where there is a
functional need for the development of a new
dwelling house directly related to a rural business,
and provision is made for circumstances where a
rural business requires 24 hour supervision and
to allow accommodation for the succession of a
retiring farmer.
It is important to ensure that any proposal
meets with all of the other relevant policies in
the Plan including Policy D5 Access to New
Development, Policy D9 Standards of Design,
Policy H3 Listed buildings and the Orkney Local
List, and the Supplementary Guidance The design
of new houses and extensions in the Orkney
countryside, Sustainable design and energy
efficiency and Listed buildings and the Orkney
Local List.
Introduction
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1.1Background
Throughout the past 10 – 15 years there has
been a marked increase in the number of
new houses erected in the open countryside
of Orkney. Public feedback has highlighted
that a number of these houses have been
sited in obtrusive locations and can be
unsympathetic to the surrounding natural and
built environment. The policy approach in the
Plan seeks to retain the existing settlement
pattern whilst meeting the demand for new
residential accommodation through the reuse
of previously developed land wherever possible.
It is appreciated that there are occasions where
residential accommodation is required to
house an agricultural worker, or to provide 24
hour supervision for a rural business, and the
Council’s policy approach to determining such
applications is likewise addressed within this
supplementary guidance.
The development of new properties has the
potential to have a significant impact on the
existing public road network. In all circumstances,
the first option should be to utilise an existing
access and to upgrade any junction as necessary
(this is particularly important in instances where
it is proposed to subdivide an existing dwelling
or its curtilage). A developer should provide
information regarding vehicular and pedestrian
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improvements to the existing road network to
accommodate the development. In instances of
large-scale development proposals, it may be
necessary to provide a Transport Assessment or
Statement.
access and egress to the site during construction
and upon completion of the works and it may
be necessary for the developer to carry out
Policy C1
Housing in the countryside and the isles
Proposals for the development of a dwelling
house outwith the settlement boundaries on the
Mainland and linked Isles will be supported where
it involves one of the following:
1. The subdivision of an existing dwelling
house.
2. The provision of a single dwelling house
to accommodate an agricultural worker.
3. The erection of a single dwelling house
associated with the retirement succession
of a viable farm holding.
4. The erection of a single dwelling house
where necessary to provide 24 hour
supervision to an existing rural business.
5. The utilisation of previously developed
land.
For applications under criteria 2, 3 and 4, where
appropriate, the Planning Authority will use
planning conditions and, in some circumstances,
section 75 agreements that link the new house to
the business.
The development of a single dwelling house
anywhere outwith existing settlement boundaries
in the non-linked Isles will be supported subject to
the other policies in the Plan.
The use of residential caravans as dwellings is not
supported.
Bats can be found in new and old buildings
and in a range of other structures. Although
not common in Orkney, they are known to be
present in certain areas. All bats are European
Protected Species and the law protects them
and their roosts. Otter is another European
Protected Species which, although rarely seen,
is widespread in Orkney and may on occasion
utilise disused buildings to establish a holt or
resting place. Policy N3 Protected Species aims
to safeguard habitats and species protected
under British and European Law.
If it is suspected that a development may
impact on bats or otters, the Council is legally
obliged to require a survey and, if necessary,
an assessment of any impact before a planning
application is determined. If evidence of bats or
otters is discovered following commencement of
development, work must cease immediately and
the advice of Scottish Natural Heritage must be
sought.
Where the proposal has potential to significantly
affect a Natura 2000 site, sufficient information
must be provided with the planning application
to enable a full assessment of the likely
environmental effects of the development.
1.3
How to use this guidance
There are a range of opportunities supported
by Policy C1 for the development of a single
dwelling house or the extension of an existing
property in the countryside. This guidance
provides detailed information on each of
the opportunities available along with the
criteria which will have to be satisfied before
planning permission can be granted. You should
seek advice from a planning officer to help
you determine which part of the guidance
is relevant to your proposal. The following
examples are provided for guidance:
•
If you already have a house in the countryside
and wish to divide your house to provide
more than one dwelling house (for example
Where the proposal has potential to affect a
Natura 2000 site, sufficient information must be
provided with the planning application to enable a
full assessment of the likely environmental effects
of the development.
In all cases with the exception of the non-linked
Isles, planning applications will be assessed
according to the detailed guidance and definitions
set out in the Supplementary Guidance Housing
Development in the Orkney Countryside.
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•
•
•
•
to create a self contained annex), or to or to
subdivide the garden to erect a new dwelling
house, then you should read Section 2.1.
If you are a farmer and wish to provide a
house for an agricultural worker to assist in
24 hour supervision of the farm then you
should read section 2.2.
If you are a farmer looking to retire and allow
a family member to take on the family farm
then you should read section 2.3.
If you operate a business located in the
countryside and require a house on site to
allow for 24 hour supervision of that business
you should read section 2.4.
If you wish to redevelop an existing house
or building in the countryside (including the
conversion of a building to a house), or have
a site which you believe is contaminated then
you should read section 3.
Section 3 details options for the utilisation
of previously developed land and is the
most detailed part of the guidance. This is
because it provides guidance on four different
circumstances (Options 1-4) where a new
dwelling house will be supported. To help
ensure clarity on the range of circumstances
which will be supported, a series of detailed
definitions of each of the categories of buildings
or sites which will qualify for a replacement
house or conversion is provided at Appendix
1. If you are in any doubt please contact a
planning officer at the earliest opportunity.
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Is there evidence that
the building is a former
dwelling house?
NO
NO
Does the building
or structure meet
the criteria for
Inclusion on
the Local List?
YES
Owner may demolish a redundant non-domestic
building or structure and erect a new dwelling house. (an
alternative location is acceptable if there are demonstrable
planning benefits and the original building is removed prior
to development). In exceptional cases, where the footprint
of the original building is insufficient to accommodate a
new house, the proposed dwelling can be up to 100%
bigger than the building to be replaced. Traditional/natural
materials should be reused wherever possible.
YES
Does the building or
structure meet or exceed
the test of dereliction?
YES
Is there evidence that
the building is a former
dwelling house?
Applicant must demolish
the building and replace it
with a dwelling house in
same location (an alternative
location is acceptable if there
are demonstrable planning
benefits). Traditional/natural
materials should be reused
wherever possible.
Conversion to dwelling house is acceptable. In exceptional circumstances,
where it is not possible to contain a proposed dwelling within the envelope
of the existing building, the building may be extended. The footprint of any
extension may not exceed that of the host building and the extension must
adjoin it directly (refer to Core Principles 3 and 4 in SG Listed Buildings and
the Orkney Local List) or a new curtilage can be formed adjacent to the
original, for a new dwelling (2 for 1). The planning application must detail
how the original building will be fully restored in accordance with the Core
Principles of SG Listed Buildings and the Orkney Local List and it must be
made fully wind and water tight prior to occupation of the new build.
NO
Has the building been vacant
for in excess of 10 years?
NO
The building should be restored, renovated and extended utilising
the Core Principles outlined within SG Listed Buildings and the Orkney
Local List. Where the new-build element of the proposal is to be
detached from the original dwelling, the original must be retained and
maintained as domestic accommodation within the curtilage of the new
structure to be erected and this will be required by planning condition.
Option 1
The building can be restored,
renovated and extended in
accordance with the 5 Core
Principles outlined within SG Listed
Buildings and the Orkney
Local List.
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YES
YES
The building can be
redeveloped in one of
the following three ways:
Option 2
1 for 1: the original building can be utilised as ancillary domestic
accommodation to a new dwelling house to be erected within
the existing curtilage. Full details of how the original building
will be restored, and be retained in a fully wind and water tight
condition, must accompany the application and restoration must
be carried out prior to the occupation of the new build.
YES
Is there a building
or structure on the
proposed application site?
NO
Is the land
suspected to be
contaminated?
YES
NO
The building is classed
as a ruin and is not
therefore eligible
for replacement or
redevelopment in itself
NO
There is provision within current policy to erect a single dwelling
house to accommodate:
1.an agricultural worker to ensure the provision of 24hr
supervision on a year round basis where the building will be
sited within or directly adjacent to the existing farmhouse and
associated steading (unless there are functional requirements
or significant planning benefits for an alternative location);
2.a retiring farmer where the proposed dwelling will be
situated within the same agricultural holding as the farmhouse
from which the farmer is retiring and where it will be located
within the same group of buildings as the existing farmhouse
and associated steading (unless there are demonstrable
planning benefits for an alternative location); or
3.an on-site supervisor for a viable rural business,
which has been in operation for in excess of 2 years, where
a business plan demonstrates that the business will remain
viable for the foreseeable future and where it has been
demonstrated that 24 hour supervision is required which
cannot be provided remotely.
Is the suspected contamination
directly attributable to the
former non-agricultural use of
the land?
NO
YES
It is acceptable to redevelop
suspected contaminated land
for housing where the applicant
can demonstrate the level of
potential threat posed by the
contamination. The land must
be fully remediated during the
redevelopment process to the
satisfaction of the Council.
A planning condition or a Section 75 legal agreement will prevent the
future independent sale of houses delivered through these options.
Option 3
2 for 1: A new curtilage can be formed adjacent to the original,
for a new dwelling. The planning application must detail how
the original building will be fully restored in accordance with the
Core Principles of SG Listed Buildings and the Orkney Local
List and it must be made fully wind and water tight prior to
occupation of the new build.
There is also provision within
current policy to subdivide
an existing dwelling house
or its curtilage. All proposed
domestic accommodation
must be contained within the
existing domestic curtilage and
the amenity, access and parking
standards outlined within the
guidance must be met.
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Image courtesy of Jamie Macvie
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Development
criteria
2.1
The subdivision of an existing
dwelling house
The subdivision of established houses, or their
curtilage, can increase accommodation without
having a significant negative impact on the
landscape. Subdivision of an existing dwelling
house/curtilage in the countryside will therefore
be supported where it has been demonstrated
that:
1. the subdivision is achievable without the
need to extend the existing curtilage, with
all proposed buildings being fully contained
within the boundary of the existing
domestic curtilage;
2. any dwelling house formed as a result of the
subdivision benefits from its own dedicated
external domestic space and the footprint
of all domestic units will occupy a maximum
of 33% of their associated domestic
curtilage;
3. there is adequate parking and access
provision and there will be no adverse
impact on road safety;
4. the residential amenity of adjacent
properties, including that of the original
dwelling house to be subdivided, must be
preserved or enhanced; and
5. the curtilage to be subdivided legitimately
served the host dwelling in October 2013.
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The permitted development rights of
any dwelling house delivered through the
subdivision may be restricted by planning
condition, for example where this is necessary
to preserve the historic or architectural interest
of a building which features on the Orkney
Local List or where there may be unacceptable
impacts on local landscape character.
In the case of dwellings of historic merit, which
meet the criteria for inclusion on the Local List,
any new house created through the subdivision
of the curtilage must comply with Core
Principle 5 as defined within Supplementary
Guidance Listed Buildings and the Orkney Local
List.
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2.2
Accommodating an
agricultural worker
Where there is a need for a farmer to provide
accommodation for an agricultural worker in
order to contribute to the efficient running of
the farm, the development of a single dwelling
house in the countryside will be supported
where it has been demonstrated that;
1. there is a need to accommodate an
agricultural worker on a viable farm
holding to ensure the provision of 24 hour
supervision; and
2. where there is an existing farmhouse and/
or associated steading, the proposed
dwelling house is located within, or directly
adjacent to it, unless there are demonstrable
functional requirements or significant
planning benefits for an alternative location.
2.3
Accommodating a retiring
farmer
When a farmer retires he/she may wish to
continue to live on the farm, perhaps opting
to work within the business on a part-time
or occasional basis. With fewer people now
employed full time in the agriculture industry, it is
recognised that this element of flexibility can be
of significant benefit to the efficiency and viability
of an agricultural holding.
In order to demonstrate the need to
accommodate an agricultural worker on a yearround basis, an assessment from the Scottish
Agricultural College, or other recognised
agricultural assessor, must be submitted with
any planning application.
The purpose of this policy is to enable retiring
farmers to move out of their residence within
a working farm holding and into a new dwelling
house in order that their successors, and their
family, may take up residence in the main
farmhouse.
For the purpose of this policy, planning benefits
for an alternative location to that specified
within criterion 2 above would include
landscape impact, flood risk and built heritage
considerations. An example of a specific
functional requirement that would necessitate
an alternative location would be where a
worker is required to oversee lambing and this
takes place at a site which is remote from the
farmhouse.
Proposals for the erection of a single dwelling
house will be supported on those occasions
where a farmer, who is both owner and
occupier of an active farm holding at the time of
application, intends to retire from farming and
pass on the farm and associated holding to a
family member where;
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Prior to planning permission being issued,
the proposed dwelling house will be subject
to a planning condition or, where necessary,
a Section 75 legal agreement tying it to the
farming operation thereby preventing its
future independent sale. Whilst the planning
condition/legal agreement will in no way restrict
the identity or occupation of who may reside
within the approved dwelling house, it will serve
to ensure that the dwelling house remains
linked to the farm to provide accommodation
for an agricultural worker should the need arise
again in the future.
1. the proposed dwelling house is sited within
the same agricultural holding as the farmhouse
from which the farmer is retiring; and
2. the proposed dwelling house is located within
the same group of buildings as the existing
farmhouse and associated steading, unless
there are demonstrable planning benefits for
an alternative location.
Only one such dwelling house for a retiring
farmer may be delivered through this criteria
per agricultural holding. Siting the new building
in close proximity to the existing farm buildings
will ensure that a functional link between the
buildings on the holding remain, and will allow for
the retiring farmer and all future occupiers of the
to provide 24 hour supervision at an existing
rural business, which has been operating for
in excess of 2 years, the erection of a single
dwelling house to accommodate a worker will
be supported where;
property to effectively contribute to the ongoing
operation of the farm holding. For the purpose
of this policy, planning benefits for an alternative
location to that specified within criterion 2 above
would include landscape impact, flood risk and
built heritage considerations.
Prior to planning permission being issued, the
main residence within which the retiring farmer
currently resides, along with the proposed new
dwelling house, will be subject to a planning
condition or, in exceptional cases, a Section 75
legal agreement tying both properties to the
farming operation by preventing any future
independent sale. The purpose of this planning
condition/legal agreement is in no way to restrict
who may reside within the dwelling house in the
long-term, but rather to ensure that any dwelling
house provided through this policy will remain
linked to the farm in order that it may also be
utilised when the next generation of farmers
comes to retire, thereby preventing any future
need to erect further dwelling houses for the
same purpose.
2.4
Provision of 24 hour
supervision for a rural
business
Certain rural businesses, such as a food
processing enterprise, rely on someone being
available on the premises at any time of day
or night. Where there is a demonstrable need
1. the applicant submits evidence which effectively
demonstrates that the business has been
operational for a minimum of 2 years; and
2. It has been demonstrated that regular
supervision is required over a 24 hour
period and that this supervision cannot be
provided remotely.
It must be demonstrated that on-site
supervision is required for the operation of the
business and that it would not be possible for
the full-time worker to reside within a nearby
settlement or alternative accommodation
before planning permission is granted.
Prior to planning permission being issued,
the proposed dwelling house will be subject
to a planning condition or, in exceptional
circumstances, a Section 75 legal agreement
tying it to the operation thereby preventing
its future independent sale. Whilst the legal
agreement will in no way restrict the identity
or occupation of who may reside within the
approved dwelling house, it will serve to ensure
that the dwelling house remains linked to the
rural business to provide accommodation
should the need arise again in the future.
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Image courtesy of Stuart West
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Options for
the utilisation
of previously
developed land
Previously developed land is a potential
source of opportunity for new development,
and Scottish Planning Policy requires that
planning authorities support and promote
proposals to bring vacant or derelict land
back into productive use for development or
to create more attractive environments. The
redevelopment of previously developed land in
the wider countryside helps to restore buildings
and landscapes that have been degraded,
and provides a wide range of development
opportunities. Applications to develop
previously developed land through one of the
four options for redevelopment outlined below
will be supported.
3.1
Option 1 Brownfield
Opportunity Site
For the purpose of the interpretation of this
policy, Brownfield Opportunity Sites are defined
within Appendix 1 of this guidance. The erection
of a single dwelling house on a Brownfield
Opportunity Site will be supported, subject to
the other policies in the Plan, where;
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1. the proposed dwelling house is contained wholly
within the boundary of the brownfield site;
2. the footprint of any building to be removed
is sited wholly within the curtilage of the
proposed dwelling;
3. the dwelling house has its own dedicated
domestic curtilage and occupies a maximum
of 33% of the overall site; and
4. the maximum domestic curtilage for any
new house does not exceed 1/4 acre unless
it is demonstrated that a larger curtilage
would have no unacceptable impact on the
character of the surrounding landscape.
In exceptional circumstances under criterion 2
above, the footprint of the proposed dwelling
house may be larger than that of the building
to be removed where there is a demonstrable
planning benefit with regard to amenity and
design considerations. In no circumstances will
the footprint of the proposed dwelling house
exceed the footprint of the original building by
more than 100%.
In order to provide a more effective planning
solution to the redevelopment of brownfield
opportunity sites, on those occasions where
more than one redundant non-domestic
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building exists, such as with some farm
steadings and former wartime camps, it will be
acceptable to produce a design statement and
layout plan or a masterplan to ensure the most
appropriate layout can be achieved. On such
occasions all of the buildings to be replaced
must be sited wholly within the application site
and the restrictions on curtilage size outlined
above will apply. Whilst it may be acceptable
in exceptional circumstances, where there are
demonstrable planning benefits, to add together
the floor areas of all of the buildings to be
replaced to work out the combined floorspace
of the proposed new dwellings, on no account
will it be possible to provide more dwellings on
a site than there are redundant buildings to be
replaced.
In the case of complex examples it is
recommended that pre-application discussions
take place at an early stage with Development
Management and that any masterplan be
submitted at the Planning in Principle stage
prior to the submission of any full application.
Where planning permission is granted to
erect a dwelling house on a Brownfield
Opportunity Site, it will be necessary in
certain circumstances to restrict permitted
development rights through planning condition
in order to protect the amenity of adjacent
properties and the surrounding area.
In exceptional circumstances, where there
are demonstrable planning benefits for
an alternative location (i.e. landscape or
flooding) it will be acceptable to construct
any new dwelling delivered through this route
in an alternative location under the same
ownership of the building to be replaced. In
all cases, the replacement building should be
situated in the closest suitable location that
it is practical and appropriate to build upon
where there will be no adverse impacts on
the character and appearance of the area or
the surrounding landscape and the restrictions
on footprint and curtilage detailed above will
apply. Where a dwelling is to be located in an
alternative location, the original building must
be completely demolished and the land must
be restored to a standard commensurate with
its surroundings prior to the commencement
of development and this will be required by
planning condition.
3.2
Option 2 Former dwelling
house of historic merit
The restoration, renovation and extension of
a derelict dwelling house of historic merit as
defined within Appendix 1 which features on, or
satisfies the criteria for inclusion on, the Orkney
Local List for re-use as a dwelling house will be
supported where:
The restrictions on curtilage under criteria 3
and 4 above ensure that there is an adequate
provision of amenity space for the occupiers of
the proposed dwelling house, whilst preserving
the character and appearance of rural areas.
1. it is proposed to restore a former dwelling
house which features on the local list and to
extend it in a sympathetic and appropriate
manner in accordance with the 5 core
principles outlined in Supplementary
Guidance Listed buildings and the Orkney
local list.
This criterion applies to any site where the
building is largely intact, meeting the definition
of a derelict or habitable property as defined
in Appendix 1, and where evidence exists to
demonstrate its original form.
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Where a detached new-build element of the
redevelopment scheme is proposed, the original
building must be restored for use as ancillary
domestic accommodation as detailed within
the planning application, or made fully wind
and water tight to the specifications of the
Planning Authority in preparation for subsequent
restoration, prior to the occupation of the new
accommodation.
Applications for planning permission will be
supported where both the original building and
the new-build element of the scheme share the
same domestic curtilage and where any new
structure relates to, and is fully compatible with,
the original structure in terms of scale, form and
orientation. Further information can be found with
Supplementary Guidance Listed Buildings and the
Orkney Local List.
Redevelopment under this option will enable
the restoration and re-use of former dwelling
houses. In all cases where documentary or physical
evidence does not exist to demonstrate that a
building has previously been legitimately used as
a dwelling house, redevelopment may take place
through Option 3 detailed in Section 3.4 below.
TWO FOR ONE
In order to encourage the re-use of former
dwelling houses of historic merit for the purpose
for which they were originally constructed,
proposals to erect a single independent dwelling
house on land adjacent to the existing curtilage
of a former dwelling house which features on the
Orkney Local List will be supported where the
applicant details how the original building will be
fully restored in an appropriate manner for re-use
as an independent dwelling house.
Where a landowner proposes to restore a former
dwelling house, which has been vacant for a
period of at least 10 years and which meets the
test of dereliction, in such a manner that it would
thereafter be eligible for inclusion on the Local
List, they could apply for a ‘2 for 1’ replacement in
the same manner as a building which features on
the Local List. On such occasions, early discussions
should take place between the land owner,
Planning Officers and Development and Marine
Planning to ascertain whether the building would
be eligible for inclusion on the Local List following
restoration. If the building meets the test of
dereliction but would not be eligible for inclusion
on the Local List, it could still be replaced on a 1
for 1 basis under Option 4 below.
demonstrated that a larger curtilage would
have no unacceptable impact on the character
of the surrounding landscape, settlement
pattern or the setting of the original building.
Any proposal to erect a new dwelling house
and to restore the original building must form
part of the same planning application even if the
application site includes land for the new house
that is beyond the curtilage of the original house
and detail how the amenity of both dwellings
will be protected and how adequate parking and
outside domestic space will be provided.
Prior to the occupation of any new dwelling house,
the original building must be made fully wind and
water tight, in an appropriate manner and to the
specifications agreed by the Planning Authority, in
preparation for its subsequent future restoration
for re-use as a dwelling house. The Two for One
Option will only be supported where it can be
demonstrated beyond all reasonable doubt that
the original dwelling house has been vacant for in
excess of at least ten years.
3.3
Extending a former dwelling
house of historic merit
Many traditional buildings are unsuited to the
demands of modern times owing to their size
and, where necessary, the extension of houses of
historic merit will be supported when carrying
out restoration provided that it complies with
the 5 Core Principles as defined within the
Supplementary Guidance Listed buildings and the
Orkney local list. It Is of particular importance that:
1. the original structure is clearly legible within the
overall redevelopment scheme and is as close
to its original form as is practicable;
2. any adjoining extension is of an appropriate
scale and form to the host building; and
3. the extension is appropriate to the style of the
original building.
It will be acceptable to site the proposed dwelling
within a new curtilage adjoining the original where
there are demonstrable planning benefits and
where the restrictions on plot size outlined below
are met:
1. the proposed dwelling house has its own
domestic curtilage and occupies a maximum of
33% of the overall site; and
2. the maximum domestic curtilage for any new
house does not exceed 1/4 acre unless it is
13
3.4
Option 3 Non-domestic
structures of historic merit
Subject to the restrictions to extensions
outlined below, the conversion of non-domestic
buildings and structures of historic merit which
feature on, or meet the criteria for inclusion on,
the Orkney Local List will be supported for use
as a dwelling house where its character can be
effectively maintained and a minimum of 75% of
the original structure will be retained within the
redevelopment scheme.
3.5
Extending non-domestic
As the buildings to be considered in Option 3
were not originally designed for domestic use, in
many cases it may be necessary to modernise,
adapt and extend these structures to facilitate
their effective use as such.
In all cases, it is preferable to contain the
proposed conversion within the original
envelope of the structure. However, where it
can be demonstrated that this is not possible,
any extensions to the property must be
sympathetically designed to complement
the host building in accordance with the
requirements of the Supplementary Guidance
Listed Buildings and the Orkney Local List.
Any necessary extension must be subservient to
the host building, and the original structure must
be clearly legible within the proposed scheme.
The footprint of any extension must not exceed
that of the original building or structure to be
incorporated into the redevelopment proposal,
and all new build elements of the scheme must
directly connect to the host building or structure
14
Bespoke designs that are particular to an
individual building, and which take direct
inspiration from the original structure, are
fundamental to obtaining approval for
applications considered under Option 3 NonDomestic Structures of Historic Merit.
TWO FOR ONE
In order to encourage the re-use of buildings
and structures of historic merit to prevent
them falling into a ruinous state, proposals
to erect a single independent dwelling house
on land adjacent to the proposed curtilage
of a non-domestic structure of historic merit,
which meets the criteria for inclusion on the
Orkney Local List, will be supported where the
applicant details how the original building will
be fully restored in an appropriate manner for
re-use as an independent dwelling house or as
ancillary domestic accommodation.
The maximum domestic curtilage for any
new house delivered through this option
(including the dwelling formed as a result of the
conversion) must not exceed 1/4 acre unless it
is demonstrated that a larger curtilage would
have no unacceptable impact on the character
of the surrounding landscape, settlement
pattern or the setting of the original building.
In the case of development proposals relating
to the 2 for 1 redevelopment of non-domestic
structures of historic merit, works to the
original structure must be completed prior
to the commencement of works on the
independent house or, alternatively, a S75
agreement and/or bond will be required to
ensure a commitment to the restoration of
the original building within a certain period to
enable the release of monies to achieve this
through the sale/development of the new-build
house.
3.6
Option 4 The replacement of
an existing dwelling house
During the early 20th Century there was a shift
from using local and natural materials for the
construction of buildings in distinct local styles
toward a more uniform system using massproduced synthetic materials. In some instances,
these dwelling houses, often built of concrete
block, are now in need of replacement.
Throughout the Orkney countryside there also
exist examples of converted wartime buildings
which have been adapted for domestic use and
later structures, such as blocked-in caravans,
which are legitimately in use as dwelling houses,
which are substandard, are impractical and are
unsuitable for use as living accommodation.
Potential replacement properties are not
limited solely to these examples, however, and it
may be the case that the owner of a property
has just cause to replace a more modern
building that dates to recent times.
The replacement of an existing habitable rural
dwelling house, or a former dwelling house
which meets the test of dereliction, with a
single new dwelling house will be supported
where it does not feature on the Orkney Local
List.
Whilst there is no requirement for any
replacement building to be of the same
proportions or size as the original, it should
be located in the same position as the building
to be removed unless there are demonstrable
planning benefits for an alternative location.
Only one replacement dwelling house may be
delivered per existing house through this route
and planning conditions will require that the
original dwelling house must be completely
dismantled prior to the commencement of the
construction of the replacement building.
This option applies primarily to dwelling houses
which are not constructed of natural or local
materials using traditional methods. The Council
recognises that, on occasion, a property which
is occupied and is in use as a dwelling house is
either unsustainable or is of poor quality/design
and is failing as a building. In these instances it may
be desirable to replace the building with a more
suitable alternative, which meets the demands of
modern regulations and modern living.
On those occasions where a derelict vernacular
or traditional building, which does not feature
on the Local List, is to be replaced through
option 4, the applicant must re-use the natural
materials in the redevelopment scheme
wherever possible.
This option only applies in those cases where
documentary or physical evidence exists to
demonstrate beyond all reasonable doubt that
a building has been legitimately been used as a
dwelling house in the past.
In all cases the original curtlilage should be
utilised for the new house. A maximum
curtilage of ¼ acre should apply where there is
no distinct curtilage, unless it is demonstrated
that a larger curtilage would have no
unacceptable impact on the surrounding
landscape or settlement pattern.
A landowner may desire to restore a former
dwelling house which has been vacant for a
period of at least 10 years, and which meets
the test of dereliction, in such a manner that it
would thereafter be eligible for inclusion on the
Local List. This would enable them to apply for
a ‘2 for 1’ replacement in the same manner as
a former dwelling house which features on the
Local List (Option 2). On such occasions, early
discussions should take place between the land
owner, Planning Officials and the Development
and Marine Planning, to ascertain whether
the building would be eligible for inclusion
on the Local List and how the restoration
should take place. If the building meets the
test of dereliction but would not be eligible
for inclusion on the Local List, it could only be
replaced on a 1 for 1 basis.
15
16
Further
information
4
It is recommended that the following sources of planning
advice are read in conjunction with this guidance:
Scottish Government (2010) Scottish Planning Policy
www.scotland.gov.uk/Publications/2010/02/03132605/0
Scottish Government (2005) Planning Advice Note 72
Housing in the Countryside
Orkney Islands Council (2011) Supplementary Planning
Guidance Listed buildings and the Orkney Local List.
Orkney Islands Council (2011) Supplementary Planning
Guidance Natural Heritage.
Scottish Government (2006) The conversion of redundant
farm steadings to other uses www.scotland.gov.uk/
Publications/2002/02/10652/File-1
Scottish Natural Heritage Bats in buildings www.snh.gov.uk
17
18
ACCESS TO NEW DEVELOPMENT
The development of new properties has
the potential to have a significant impact
on the existing public road network. In all
circumstances, the first option should be
to utilise an existing access and to upgrade
any junction as necessary (this is particularly
important in instances where it is proposed to
subdivide an existing dwelling or its curtilage).
Appendix 1
Key definitions
and policy test
A1
A developer should provide information
regarding vehicular and pedestrian access and
egress to the site during construction and
upon completion of the works and it may
be necessary for the developer to carry out
improvements to the existing road network to
accommodate the development. In instances of
large-scale development proposals, it may be
necessary to provide a Transport Assessment
or Statement.
Brownfield Opportunity Sites
For the purpose of this supplementary guidance
and for the interpretation of Policy C1 of the
Plan, a Brownfield Opportunity Site includes the
following:
1. Areas of contaminated land, as defined Planning
Advice Note 33, which will be fully investigated
and remediated during the redevelopment
process where it is demonstrated to the
satisfaction of the Council that;
a) it is likely that the site is contaminated;
b) the contamination is directly attributable to
the former non-agricultural use of the land
(i.e. landfill, quarry, industry, military, etc); and
c) it excludes those areas that include
upstanding buildings and structures which
feature on the Orkney Local List.
In all cases the entirety of the site suspected
to be contaminated must be fully investigated
and, if necessary, remediated to the
satisfaction of the Planning Authority prior
to the commencement of development. In
the case of large-scale sites such as former
military camps, the entire area must form part
of the planning application and the maximum
number of houses that may be delivered per
19
derelict below are eligible for replacement under
option 4 of this guidance.
individual site would be limited to 4 regardless
of the scale of the site to be cleared.
Where the contaminated land to be
redeveloped is of such a scale that it will enable
the development of more than one dwelling
house, a design statement and layout plan or
masterplan should be produced to deliver
the most effective planning solution that can
be achieved. In the case of larger or complex
sites it is recommended that pre-application
discussions take place with Development
Management and that any masterplan be
approved at the Planning in Principle stage.
2. Agricultural and non-residential buildings,
including former wartime buildings which do
not fall to be considered under Option 3 Nondomestic structures of historic merit, where it
can be demonstrated beyond reasonable doubt
that they are truly redundant and where they
meet the test of dereliction. In all cases it must
be demonstrated that there is no need for a
replacement building which could be effectively
accommodated on the same site.
3. Any unlisted, non-domestic building of historical
merit, as defined within Appendix 1, which
meets the test of dereliction, where both a
structural engineer’s report and the Council,
or their appointed agents, have confirmed
that it cannot be effectively incorporated into
a redevelopment scheme through Option 3
Non-Domestic Structures of Historic Merit and
where the footprint of the replacement building
will not exceed by more than 100% that of the
original to be replaced.
Building condition: habitable,
derelict or ruinous?
20
Establishing the condition of a building or
structure is of particular importance in ensuring
compliance with Policy C1 of the Plan and this
policy guidance. For the avoidance of doubt, a
building which is derelict is one which has been
abandoned or neglected to such an extent
that it faces ruin without intervention. Once a
building has deteriorated beyond the definition
of dereliction below, it is judged to have become
ruinous for the purpose of this policy. Buildings
which do not feature on the Local List and
accord with the definitions of habitable or
In exceptional circumstances where there
are demonstrable planning benefits for an
alternative location (i.e. landscape, flooding)
it will be acceptable to construct any new
dwelling delivered through this route in an
alternative location to the building to be replaced
through options 2 and 3 above. In all cases, the
replacement building should be situated in the
closest suitable location that it is practical and the
restrictions on footprint and curtilage outlined at
3.1 within the supplementary guidance will apply.
Habitable
A habitable property is one within which it
is possible to live or occupy with little or no
structural renovation. For the purpose of this
guidance, a habitable property is one which is
wind and water tight, or can be made so with
minimal repairs and/or the installation of windows
and doors; which contains services and which
retains all external walls and a roof.
Derelict
For the purpose of this policy, a building which
has fallen into significant disrepair is considered to
be derelict. If a building conforms to the following
definition then it remains derelict as opposed to
ruinous:
‘at least 50% of the building’s walls must remain to
a height of 1 metre and the walls must be in such
a condition that they may be incorporated into any
restoration project without the need for their being
dismantled and reconstructed.’
In order to effectively demonstrate that a building
meets the above definition, it will be necessary on
occasion to submit a report by a suitably qualified
professional in support of any planning application.
Where a building has been abandoned for an
extended period, or has fallen into a state of
disrepair, but it clearly meets the above definition
by virtue of its condition or completeness then no
such report will be necessary.
In order to demonstrate that an unlisted building of
historic merit may not be effectively incorporated
into a restoration project through Option 2
Former dwelling houses featured on the Local List
or Option 3 Non-domestic structures of historic
merit, it will be necessary to submit a report
by a suitably qualified professional in support of
any planning application to demolish the building
or structure and replace it through Option
1 Brownfield opportunity sites or Option 4
Replacement of existing dwelling houses.
Ruinous
For the purpose of this guidance, if a building
has deteriorated to such an extent that it does
not meet the above definition of dereliction, it
is considered to be a ruin.
Curtilage
For the purpose of this policy the curtilage of
a dwelling house defines the extent of the land
associated with the building, which is used and
maintained as domestic space. The curtilage is
often demarked by a boundary wall or fence
and contains a lawn or garden, drying area,
vegetable patch and any outbuildings which are
ancillary to the property such as sheds, stores
or garages.
When applying for planning permission to erect
a dwellinghouse, the extent of the application
site will ultimately define the extent of the
domestic space or garden ground of the
property.
Contaminated Land
For the purpose of this guidance, contaminated
land comprises any land where the presence
or suspected presence of contaminants
is an obstacle to development, regardless
as to whether development is proposed.
Contaminated land may represent a potential
risk to human health or the environment
through:
1. the direct uptake of contaminants into the
food chain or ecosystems;
2. direct ingestion or inhalation of, or contact
with, contaminants;
3. contamination of water resources;
4. fire and explosion of combustible
contaminants; and
5. attack on building materials and services by
corrosive contaminants.
Examples of evidence of suspected
contamination which must support any
application for planning permission would
include an ordinance survey map or official
documentation which confirms a previous
land use which could potentially cause
contamination (e.g. landfill, refuse site, military,
industrial, fuel sales/storage, etc).
Historic Merit
Buildings which are deemed to be of historic
merit will be entered onto the Orkney Local
List. For the purposes of this policy, buildings
and structures of historic merit have been
categorised as follows:
Non-traditional buildings and
In addition to Orkney’s vernacular domestic and
non-domestic buildings, which are constructed
using natural materials and traditional methods,
certain other buildings are also considered to be
of historic merit for the purpose of this guidance.
The most prolific of which are the structures that
were constructed by the armed forces during
the first half of the Twentieth Century.
Wartime structures of concrete, brick and
stone can be found in abundance throughout
the County, exemplifying the importance of
Orkney throughout the two great wars of the
Twentieth Century. Having been built to fulfil
a specific purpose, the wartime structures are
purely functional in appearance and are not
embellished or unnecessarily elaborate in any
21
way. Former coastal defence batteries often
host engine houses, observation towers and
gun emplacements, whist the inland camps and
airfields in some instances maintain austere
functional structures and former recreational
facilities.
In addition to the wartime examples above,
further instances of historically significant
buildings exist which may not be constructed
using local or natural materials, such as the
erections of the lighthouse board or particular
structures associated with the Royal National
Lifeboat Institution (RNLI).
as Welsh and Caithness slate for roofing, the
imported materials have weathered sufficiently
to blend in with the surrounding landscape.
Traditional buildings and
Image courtesy of Doug Houghton
22
There are examples of historic buildings and
structures throughout the Orkney countryside
that are of significant historic or architectural
merit. Nineteenth century agricultural housing,
erected by the owners of Orkney’s estates, often
emulated the earlier vernacular longhouses,
although these were generally built to conform
to strict plans. Likewise, the grand houses of lairds
in the 18th and 19th centuries, along with the
churches, manses, schools and model farmhouses
of the 19th century, were primarily architect
designed, as opposed to being a direct response
to local conditions, and similar structures were
constructed across a much wider geographic
area than is the case with Orkney’s vernacular
architecture.
Although designed by architects, much of this
rural architecture utilises local building materials
in its construction, and on those occasions where
materials are sourced from further afield, such
As there is a distinct shortage of local natural
building stone and slate available today, any
structure in Orkney which has been constructed
using these materials, and is largely in its original
form, is considered to be of some historic merit
and may feature on the Orkney Local List. All
structures which are constructed predominantly
using natural materials, and using traditional
methods and skills, are likewise considered to
be of historic merit as they are testament to a
period and style of construction which is seldom,
if ever, utilised locally in modern times and are
also often featured within the local list.
Vernacular Buildings
Vernacular building styles are often shared by a
community and display a traditional expertise in
design and construction, utilising locally available
materials in response to functional, social and
environmental constraints. The vernacular
architecture of Orkney is representative of the
community’s historical interaction with the land,
demonstrating the ingenuity of the agricultural
community, and is an important element of the
cultural heritage of the inhabitants of the County.
Orkney’s domestic vernacular architecture is
easily recognisable in the early longhouses that
remain in rural areas. These buildings are often
characterised by thick walls, constructed using
stone from local quarries, by flagstone roofs and
floors and often feature adjoining byres that
would have originally housed the beasts of the
occupants. The traditional Orkney longhouse
is often orientated to address local climatic
conditions and the windows commonly face
toward the south.
Orkney’s non-domestic vernacular architecture
includes mills, stores and agricultural steadings.
These structures are likewise constructed
using local natural materials and their design
was originally directed by the functional
requirements of the builders and topographic
and environmental constraints.
The ‘One for One’ policies of recent times have
resulted in many of Orkney’s vernacular buildings
being replaced by modern structures. As this
lost architectural heritage is the product of a
bygone era, the number of remaining buildings
constructed using materials and techniques of
a local provenance have dwindled throughout
Orkney, especially on the Mainland. In order to
arrest this decline, and in order to retain as much
of Orkney’s cultural heritage as is practicable, the
Plan seeks to ensure that the most significant of
the remaining structures are retained through
re-use, and by providing alternative opportunities
for delivering new build opportunities.
Natural materials
Natural materials are those which occur
naturally and, while they may be worked
by man, they are neither synthetically
manufactured nor are they artificial composites.
Examples of such materials include stone, earth,
clay, slate and timber.
Redundant Buildings
A building or structure will only be considered
redundant for the purpose of this policy
where it can be effectively demonstrated
by the applicant that it is truly unsuitable
for its previous use by virtue of its size and
location (in the case of agricultural buildings, an
agricultural adviser may be asked to arbitrate)
or where it can be demonstrated beyond
reasonable doubt that it has remained vacant
for a period of ten years.
Vacant Buildings
For the purpose of this policy, a vacant building
or structure is one which is empty, unoccupied
or inactive due to either the lack of current
need on the part of the present owner or the
absence of a tenant. A building or structure may
not be considered to be redundant unless it
remains vacant for a period of ten years.
The Orkney Local List
Where a building is deemed to be of historic
merit in terms of its construction and condition
or historical association in a local or national
context, although it may not be featured on the
statutory list maintained by Historic Scotland,
it may be entered on to the Orkney Local
List. Further information of the criteria for
inclusion within the Orkney Local List, and how
this affects the property, can be found within
the Listed Buildings of the Orkney Local List
supplementary guidance document.
23
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Housing Development in the Countryside

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