Supplementary Guidance: Housing in the Countryside

March 2021

IMAGE: The cover identifies “Supplementary Guidance: Housing in the Countryside” and displays the Orkney Islands Council crest. Four photographs show an Orkney coastal landscape with a ruined stone building, a rural house, a converted traditional building, and a farmstead landscape. A graphic along the bottom depicts a purple coastal landscape.

Planning in Orkney

Status of this Supplementary Guidance

The main planning document in Orkney is the Orkney Local Development Plan (the Plan), which provides the policy framework and land allocations for dealing with planning applications efficiently and with certainty. All decisions on planning applications require that an appropriate balance is struck between the relevant development plan policies and other material considerations.

Supplementary Guidance is produced for given policy areas and subjects where a specific requirement is highlighted within the plan. It is the purpose of supplementary guidance to provide further information, policy and advice on complex planning matters and seeks to expand upon the core policies or land allocations in the plan. Supplementary guidance is always subject to full public consultation and is submitted to the Scottish Government prior to adoption. Once adopted, supplementary guidance has statutory weight in the determination of planning applications and forms part of the plan.

Planning Policy Advice (PPA) is prepared to provide further information and advice on policies and issues where a specific requirement to produce supplementary guidance has not been set out within the plan. Many Development Briefs for land allocations are set at this level, along with the majority of advice and information that is prepared for members of the public and Development Management. PPA is always subject to full public consultation and council approval prior to adoption and publication. Once adopted, PPA is a material planning consideration although it does not bear the same weight as the plan itself.

Development Management Guidance (DMG) is produced to provide advice on technical issues and the interpretation of given policies where a need arises. It is the intention of DMG to ensure a consistency of approach and to highlight the original intention/spirit of a policy where there is any ambiguity. DMG is also produced for less-complex land allocations to ensure a co-ordinated approach to development can be achieved - Conservation Area Appraisals and Conservation Statements are also set at this level within Orkney. Whilst DMG is not subject to public consultation, it is approved by Council prior to adoption and publication. As such, DMG is a material consideration in the determination of planning applications, which is considered to be the standing advice of the Local Planning Authority.

Contacting the Council

Should you wish to discuss any aspect of this Supplementary Guidance, please contact Development Management via telephone 01856873535 or email planning@orkney.gov.uk.

www.orkney.gov.uk

Photo Credits: Susan Shearer, Kay Gilmour and Peter Finnigan

Front and back page graphic: View to Hoy Hills from Copland’s Dock, Stromness. Graphic © iDesign from original photograph courtesy of Anne Flint.

Contents

• Planning in Orkney
• 1. Introduction
• How to Use this Guidance
• Policy 5 – Housing, Section E: Single Houses and new Housing Clusters in the Countryside
• 2. The Development Criteria
• Housing in the Countryside Development Policy Provisions
• The reinstatement of a Former Dwelling House Policy 5E (i)
• The Conversion of a Redundant Building or Structure Policy 5E (ii)
• The Replacement of an Existing Building or Structure Policy 5E (iii)
• The Re-Use of Brownfield Land Policy 5E (iv)
• The Subdivision of a Dwelling House or its Residential Curtilage Policy 5E (v)
• Single House In-Fill Development within Existing Housing Groups Policy 5E (vi)
• The Provision of a Single Dwelling House to allow for Retirement and Succession of a Farm Policy 5E (viii)
• 4. The Removal of Residential Occupancy Conditions
• 5. Definitions
• Appendix 1: Site Development Statement

1. Introduction

1.01 This guidance supports and informs the policy provision for housing in the countryside that is set in Policy 5 – Housing, Section (E) – Single Houses and new Housing Clusters in the Countryside, of the Orkney Local Development Plan 2017 (the Plan).

1.02 Through the Plan and this guidance, the Council supports sustainable development in Orkney’s rural communities whilst recognising the need to protect Orkney’s landscape and productive farmland.

1.03 This policy provision is intentionally generous to allow for housing in the countryside to acknowledge the change in demographics which has resulted in an increased need for housing in remote rural areas to care for our aging population.

1.04 The policy provision for housing in the countryside looks to provide opportunities and minimise potential impacts. Opportunities are based on brownfield sites, rural business’s housing needs and infill development where landscape and visual impacts are greatly reduced.

1.05 In May 2019, Orkney Islands Council declared a Climate Emergency. The Statutory functions of the Planning Authority along with the statutory functions of Building Standards are committed to reducing carbon levels in Orkney and contributing to the council’s commitment to a vibrant carbon neutral economy.

How to Use this Guidance

1.06 A successful planning proposal for Housing in the Countryside will have to accord with this guidance, the policies of the Plan and other material considerations.

1.07 Within this guidance there are the following sections:

1. Introduction to this guidance with the policy provision noted from the Plan.

2. Within this section there are 9 Development Criteria that all proposals for housing in the countryside must comply with to be acceptable.

3. This section provides further information and detail to the policy provision from Policy 5, Section E of the Plan.

4. Further information is provided in this section on the removal of occupancy conditions from existing planning approvals.

5. This section is a glossary of the main definitions used in this guidance.

Appendix 1 – Layout of a Site Development Statement.

Policy 5 – Housing, Section E: Single Houses and new Housing Clusters in the Countryside

Outwith the settlements, on the Mainland and Linked South Isles, developments of single houses and housing clusters will be supported where it involves one of the following:

1. The reinstatement or redevelopment of a former dwelling house.
2. The conversion of a redundant building or structure.
3. The replacement of an existing building or structure.
4. The re-use of brownfield land, where the previous use is evident on site.
5. The subdivision of a dwelling house or its residential curtilage.
6. Single house infill development within existing housing groups.
7. The provision of a single dwelling house for a rural business where 24 hour supervision is an operational requirement (including agricultural workers or crofters).
8. The provision of a single dwelling house to allow for the retirement succession of a viable holding.

If a building or structure is of architectural and / or historic merit, the consolidation and retention of the building will be required by planning condition through options i), ii), iii) or iv).

IMAGE: A boxed policy statement reproduces the heading “Policy 5 – Housing, Section E: Single Houses and new Housing Clusters in the Countryside”, the introductory paragraph, the eight policy options, and the requirement to retain buildings or structures of architectural and/or historic merit.

2. The Development Criteria

2.01 All planning proposals for one or more houses must accord with the 9 Development Criteria noted in this guidance and satisfy one of the policy provisions set out in Policy 5, Section E of the Plan.

2.02 DC1 – Where the application site or the wider site has the potential to deliver more than one house through the housing in the countryside policy provisions within this guidance, the overall development will be planned as a whole to ensure cohesion of design and layout. In these cases, there is a requirement for a Site Development Statement for the whole site, including the wider site, where layout, siting and form of the overall proposal will be considered along with the shared access, parking, drainage, open space and other development features. The Site Development Statement must form part of the first planning application submitted and will be a material consideration when considering future planning applications on the wider site. At Appendix 1 to this Supplementary Guidance is an example of the layout and content of a Site Development Statement.

2.03 DC2 - It is located and sited to fit into the landscape, minimising the landscape and visual impacts of the development proposal. New development will not occupy locations that are dominant in the landscape.

IMAGE: An illustrative diagram compares acceptable and unacceptable house locations on sloping land. Green ticks indicate buildings positioned below prominent ridgelines and within less visually dominant areas; red crosses indicate buildings placed on a prominent elevated location or on a skyline.

2.04 DC3 – The proposed development will be in keeping with the location; not dominating houses and structures in the surrounding area through scale or form. The scale and form of the overall proposal will be similar to neighbouring buildings and buildings in the vicinity.

IMAGE: Illustrative diagrams show acceptable development using buildings of a similar scale and form to nearby houses, and unacceptable development using a much larger, more urban-looking building that dominates its surroundings.

2.05 DC4 – The proposed pattern of development will not lead to the suburbanisation of the Countryside or add to existing areas of suburban type development in the Countryside. In a number of locations in the Countryside there are areas of suburban type development where housing development from the 1980s to the present day dominates in terms of their design, siting and massing. New housing groups or additions to existing housing groups must be designed and sited in a manner that is rural and not urban in nature where the topography and other existing site features such as stone dykes and buildings are considered positively, echoing a traditional rural building group. New development that is simply lined up to address a road with other recent development in a uniform manner or where it is proposed to carve a field up for new housing development (field filling) will not be allowed.

IMAGE: Two illustrative site plans compare suburbanised field-filling, with houses arranged uniformly in separate plots and marked with a red cross, against a rural grouping of varied buildings and trees arranged within the landscape and marked with a green tick.

2.06 DC5 - It does not place an unacceptable burden on existing road infrastructure nor does it have a negative effect on road safety interests.

2.07 DC6 – Vacant and redundant buildings and land often revert back to a natural state potentially being used by protected species such as breeding birds and bats; and having other biodiversity value. A proposal will retain the valued biodiversity. There may be a requirement for survey work and/or mitigation.

2.08 DC7 – It does not have an unacceptable effect on the water environment, ensuring the use of sustainable surface water drainage, and adequate foul drainage, and the avoidance of engineering works in the water environment or detrimental impacts on water dependant habitats. Where possible, foul drainage should be connected to the public sewer; although in rural locations this may not always be possible. New development in the countryside should not lead to the over proliferation of private foul drainage systems.

2.09 DC8 – When an existing building has historic and/or architectural merit, they should be retained or converted. Their retention is important to the social history of a location and using them acknowledges their embodied energy. Positive consideration will be given to incorporating existing buildings or structures of architectural and or historic merit in any scheme.

2.10 DC9 – A proposed house will have its own domestic curtilage with the proposed built form (e.g. a house and detached domestic garage) occupying a maximum of 33% of the overall site. The maximum size of any proposed domestic curtilage that will be supported is 1500 square metres, although in some cases allowance will be made in the proposed curtilage size to ensure foul drainage is accommodated fully.

2.11 DC10 – In line with the Council’s Climate Emergency, all new housing development needs to demonstrate how they are proposing to incorporate low or carbon technologies for heating and power as well as a high standard of insulation for the proposed living accommodation. The applicant is also required to demonstrate how they have incorporated electric vehicle charging or how it could be included within the curtilage, when required.

Housing in the Countryside Development Policy Provisions

3.01 Within the policy there are 8 policy provisions that allows for housing development in the countryside. A number of provisions look to reuse existing built form of a substantial nature in the landscape whether a former house or an agricultural building; and use them to form new homes for Orkney’s countryside.

The reinstatement of a Former Dwelling House Policy 5E (i)

3.02 This policy provision supports the reinstatement of a former house through renovation to form a new house. This policy provision makes a positive contribution to the countryside by preserving rural heritage, providing a housing opportunity and retaining the embodied energy of the original structure.

3.03 Planning permission is generally required to bring a former house back into use as a house if it has been vacant for more than 10 years, or has changed its use. The former house will display domestic features such as an external chimney stack, internal fireplace and/or openings of a domestic nature (no double opening doors and more than one window).

3.04 A renovation may include an extension and/or the integration of other structures associated with the house such as an old farmsteading. This work must be sympathetic to and protect the character of the original house and buildings; ensuring that any original features and materials are retained, wherever practicable. Any proposed extension must be sympathetic to and not dominate the original house or buildings.

3.05 The house may form part of a larger site, such as a redundant farm steading, where there may be opportunities for more than one house. In these cases a Site Development Statement as noted at DC1 in this guidance will be required.

The Conversion of a Redundant Building or Structure Policy 5E (ii)

3.06 This policy provision supports the creation of a house through the conversion of a non-domestic building or structure that is redundant. This provision makes a positive contribution to the countryside by preserving rural heritage, providing a housing opportunity and retaining the embodied energy of the original building or structure. A proposal will have to comply with the following Criteria:

1. The building or structure should be redundant.
2. The building or structure should be non-domestic.
3. It is preferable that the proposed conversion is contained within the original building or structure, with 100% of the original building or structure retained within the conversion proposal.
4. An extension that allows for additional living space is permissible and should not double the size of the original footprint of the building or structure to be converted; nor over dominate the original building or structure.
5. The proposed house may form part of a larger site such as a redundant farm steading where there may be opportunities for more than one housing development. In these cases a Site Development Statement as noted at DC1 in this guidance will be required.

The Replacement of an Existing Building or Structure Policy 5E (iii)

3.07 This guidance seeks to protect and enhance Orkney’s historical and architectural assets through a retention and conversion first approach to buildings / structures of historic and/or architectural merit.

3.08 Three types of buildings can be replaced under this provision. They are:

• A building or structure that is redundant and complies with the definitions of this Supplementary Guidance.
• An existing house that has no historic or architectural merit, which provides a sub-standard level of living accommodation that is unsuitable for renovation to form a modern and energy efficient house.
• A redundant house or a redundant former house that displays domestic features such as fireplaces, chimney stacks or a domestic pattern of openings (generally seen to be a central doorway and a window opening at either side).

In terms of redundancy, the planning authority may ask for additional evidence to support the redundant nature of the building or structure if it appears suitable for its use. For example, a farm building within or part of a working farm or a commercial building that is in a good state of repair.

3.09 When considering the potential number of buildings that can be redeveloped through replacement within a group of buildings, this policy provision considers how they are viewed in their setting and their external appearance, rather than how the building group may have once functioned. A building or structure to be replaced may be small or large in scale; it will sit on its own site and be detached from other buildings or structures. The presence of internal structural walls or separate external doorways is not relevant.

3.10 There are different considerations and options depending on whether a building or structure has architectural and/or historic merit.

3.11 No architectural and/or historic merit – If the building or structure does not have architectural or historical merit, the building may be replaced as a one for one replacement. The original building will be removed from the site with the replacement house being located on the same site. In some exceptional instances the replacement house can be moved where there are demonstrable planning benefits for an alternative location such as landscape and visual impacts, flooding, built heritage, natural heritage or road safety. The original building will be fully removed from the site before the construction of the new house. In some limited cases the original building or structure could be retained if the development proposal demonstrates how it can be utilized as an ancillary domestic building. In these cases, the replacement house will be located next to original building and within the same curtilage.

3.12 Of architectural and/or historic merit – When the building or structure has merit there are a number of options:

1. The building can be redeveloped or converted as noted within this guidance.
2. The original building may be retained and utilised as ancillary domestic accommodation to the proposed house. The proposal must contain details of how the original building will be restored and retained in a fully wind and water tight condition to the satisfaction of the planning authority. The proposed replacement house will be erected adjacent to and within the same curtilage as the original building. The replacement house must be sympathetic to the original building in terms of scale and form.
3. The building can be restored as a dwelling house in its own right and a new dwelling can also be developed on an adjacent site sharing a common boundary. Planning permission will only be granted through this option where an application includes details of how both houses will be delivered. The replacement house must respect the original building in terms of its location, scale and form.

3.13 When the building to be replaced is retained/redeveloped, it should be made wind and water tight to the satisfaction of the planning authority, before the erection of the replacement house commences.

3.14 The house may form part of a larger site such as a redundant farm steading where there may be opportunities for more than one housing development. In these cases a Site Development Statement as noted at DC1 in this guidance will be required.

The Re-Use of Brownfield Land Policy 5E (iv)

3.15 This policy provision relates to brownfield land that has previously been developed, where the former use remains evident on site. The redevelopment would result in environmental improvements through full remediation of any contamination that is found on site.

3.16 A proposal will comply with the following criteria:

1. The defined site of 1500m2 or less will be meet the definition of a brownfield site that is set within this guidance. The area of ground that requires to be investigated for land contamination could in some cases be larger than the proposed planning site of 1500m2 and therefore so could the area of ground that requires remediation.
2. Any structures on the site that have architectural and / or historic merit should be retained as part of the final proposal. In some cases, structures may require to be removed to that the most appropriate form of remediation can take place.
3. The curtilage of the proposed house must be wholly contained within the defined brownfield site.
4. If on the site or the wider site, there is potential for more than one house, a Site Development Statement as noted in DC1 in this guidance will be required.
5. The application will be accompanied by a full Contaminant Report. This report will detail the contaminants found on the site, the methodology used to complete the report and the remediation required to allow the site to be developed as a domestic curtilage. This report should be completed to the satisfaction of the Environmental Health Team at the Council. If planning permission is granted, work for the remediation of the site will require to be carried out in full before work for the erection of the house commences.

The Subdivision of a Dwelling House or its Residential Curtilage Policy 5E (v)

3.17 This policy provision provides for one additional house through the Plan period. Subdivision of a house or residential curtilage is supported where the proposal demonstrates that:

1. The curtilage to be sub-divided complies with the definition of curtilage as noted in the Supplementary Guidance.
2. The curtilage to be sub-divided has served the host house for a period of 10 years or greater. Evidence will be required to support the application, such as planning history or clean documentary/photographic evidence.
3. The subdivision is achievable without the need to extend the existing curtilage, with all proposed development being fully contained within the boundary of the existing curtilage.
4. The proposed house and the host house have adequate parking, access provision and outside amenity space and foul drainage.
5. When the proposal is for the sub-division of a house as well as the curtilage, any built form extension should not dominate the original house in terms of scale and form, and
6. The residential amenity of adjacent properties, including that of the host house must be protected.

Single House In-Fill Development within Existing Housing Groups Policy 5E (vi)

3.18 This policy provision allows for the creation of one housing plot within an existing housing group during the lifetime of the Orkney Local Development Plan 2017-2022. The housing group once defined through a successful planning application will not be redefined for the purpose of gaining an additional consent. This is to ensure development does not lead to suburbanisation of the countryside.

3.19 The definition of an existing housing group is where there are four or more occupied and independent dwelling houses which relate to each other and are viewed as a group, meaning two or more of the houses share domestic curtilage boundaries.

3.20 The infill site will:

1. Be within a housing group as defined above.
2. Be located in between two of the occupied and independent dwelling houses with the infill site sharing boundaries with these two dwelling houses.
3. Accord with and enhance the housing group, with a similar plot size and shape, development density and design.
4. Allow for an independent dwelling house and curtilage.

3.21 The diagrams below are illustrative examples of housing groups and infill sites as defined through this guidance.

IMAGE: Diagrammatic housing-group plans mark potential infill sites with green ticks and unsuitable sites with red crosses. The diagrams show that an infill site must lie between two occupied and independent houses within a group.

3.22 In the above illustration, the 4 houses are viewed as a group with 2 of the houses sharing domestic boundaries. The ticked site is located in between 2 occupied and independent dwelling houses with the other sites (noted with a cross) not being infill sites as they do not sit in between 2 houses.

IMAGE: A diagram of four houses along intersecting roads marks one central site with a green tick between two houses and marks two other sites with red crosses because they do not lie between two houses.

3.23 In the above illustration, the 5 houses are viewed as a group with 2 of the houses sharing domestic boundaries. The ticked site is located in between 2 occupied and independent dwelling houses with the other site (noted with a cross) not being an infill site as it is not located in between 2 houses.

IMAGE: A diagram of five houses marks an infill site with a green tick between two houses and marks another site with a red cross because it is not between two houses.

3.24 The above illustration shows how the plot has been contrived to meet the policy requirement of the Supplementary Guidance. The proposed plot is not of a similar shape to the existing plots in this location and will therefore not enhance the grouping or the location.

IMAGE: A diagram marks an elongated, irregular proposed plot with a red cross because its shape differs from the existing plots.

3.25 The above illustration shows that the infill site is located in-between 2 domestic curtilages; sharing their boundaries. The proposed plot is of a similar size to the existing plots.

IMAGE: A diagram marks a plot between two neighbouring domestic curtilages with a green tick because it is similar in size to the existing plots.

3.26 In the illustration above, the 2-way road forms a strong visual and landscape break and therefore the four houses do not form a group as defined in the Supplementary Guidance.

IMAGE: A diagram shows four houses separated by a two-way road, with the arrangement marked by a red cross to indicate that the houses do not form a group.

3.27 In the illustration above, the single track road does not form a strong visual or landscape break within this building group and therefore forms a housing group as defined in the Supplementary Guidance. The proposed plot is also a similar size to and shape to the existing plots.

IMAGE: A diagram shows houses on either side of a single-track road, with a proposed plot marked by a green tick because the road does not create a strong visual or landscape break and the plot matches the existing plots.

3.28 As in 3.27, the illustration above demonstrated that single track roads do not form strong breaks visually or in landscape terms. The proposed plot is similar in size and shape to the existing plots.

IMAGE: A diagram shows a proposed plot marked with a green tick within a group of houses connected by single-track roads.

3.29 The illustration above shows that the 4 existing houses do not form a group as defined in the Supplementary Guidance. This is because of the 2-way road forms a strong visual and landscape break. Additionally, the proposed infill site does not share curtilage boundaries with 2 of the existing dwellings.

IMAGE: A diagram shows four houses separated by a two-way road and a proposed site marked with a red cross because it does not share curtilage boundaries with two existing dwellings.

3.30 The illustration above demonstrates how this is not a group of 4 houses as the potential 4th house is over a 2-way road. A 2-way road forms a strong visual and landscape break. Additionally, the potential infill site is not similar in size or shape to the existing housing plots.

IMAGE: A diagram shows a potential fourth house separated by a two-way road and a proposed infill site marked with a red cross because it is separated and does not match the existing plot shapes.

3.31 The illustration above demonstrates how this is not a group of 4 houses as the 4th house is remote from the other 3. Additionally, the potential infill site does not share boundaries with 2 other dwelling house curtilages.

IMAGE: A diagram shows three clustered houses and a remote fourth house, with a proposed site marked with a red cross because it is remote and lacks two shared curtilage boundaries.

3.32 As shown in the above illustration, there are not 4 occupied and independent dwelling houses within the group.

IMAGE: A diagram shows fewer than four occupied and independent dwelling houses within a potential group, with a proposed site marked by a red cross.

3.33 The illustration above shows 4 dwellings and the potential infill site shares boundaries with 2 of them. The infill site is of a similar shape and size to the existing sites.

IMAGE: A diagram shows four dwellings and a potential infill site marked with a green tick because it shares boundaries with two dwellings and is similar in shape and size to the existing sites.

The Provision of a Single Dwelling House for a Rural Business Policy 5E (vii)

3.34 Farming and other rural businesses contributes to Orkney’s economy and sustainable future. The Council wishes to support established rural businesses by providing for additional living accommodation where there is a clear business requirement for 24 hour supervision. It should be noted that the presence of a rural business is not justification in itself.

3.35 The applicant must demonstrate that:

1. Any existing houses that form part of the business requires to be assessed, including past planning approvals (the removal of occupancy conditions and extant consents), to establish if any are suitable in operational terms to provide the housing required.
2. Demonstrate that the need is not a direct consequence of recent severance of housing from the business. Changes in the business will be taken into account.
3. Evaluate the opportunities to provide the required housing, in a location that is suitable for the business and its operational needs, through the policy provision at Policy 4, section A and Policy 4, section E part i), ii), iii). iv), v) and vi) of the Plan.
4. The viability, scale, longevity and other relevant details of the business must demonstrate that the business is on a sound financial basis.
5. The labour requirements of the business, including the requirement for additional 24 hour supervision, will be assessed and established through the application process. 24hour supervision must be essential for a sustained period of the year (for more than 3 months).
6. Details of the employment status of the business owners and employees; and whether they have other employment (full or part time) that takes them away from the business will be considered.
7. Provide information on the persons who are to live in the proposed house and whether they own the business or are related to the business owner.
8. Provide full justification for the location proposed for the house. The proposed house should be located with other buildings associated with the business, forming part of a building group or in a location that has full business justification.

Viability, Longevity and Business Justification

3.36 The majority of applications submitted under this policy provision will relate to agriculture. Justification through the evaluation criteria should be completed by, or with the assistance of, a recognised agricultural assessor. For other rural businesses, justification should be provided by, or with the assistance of a recognised business advisor / accountant.

3.37 For the purpose of the policy provision, a rural business must have been operational in its current location for a minimum of 2 years. In some cases the rural business may not have been established for this period or established for this period in a different location. In these cases, consideration through the evaluation criteria, will be given to the granting of a temporary permission for a non-permanent form of housing, such as a residential caravan, for an initial period of two years.

Location of the Proposal

3.38 The proposed house should be located with existing buildings to assist in the provision of 24 hours supervision. In some exceptional cases, there may be other locational requirements for the business that require the proposed house to be sited away from existing structures and buildings. In these cases, full business justification should be provided for these alternative locations. When considering alternative locations, it is essential that new development is designed and sited to fit into the landscape and to minimise landscape and visual impacts. For example, it would not be sufficient for an agricultural business to state that a proposed housing location allows the occupant to look over the land. Justification must be more detailed in terms of the activities which require to be viewed from this location and why from an operational perspective this is a requirement over a location near to the buildings of the business.

3.39 There may be planning benefits for alternative locations that reduces impacts on material planning considerations such as flooding, built heritage, natural heritage or road safety. These considerations may be used to justify locations away from the existing structures and buildings of the business.

The Use of Occupancy Conditions

3.40 The emphasis through this guidance has been placed on the provision of full justification for a new development rather than supporting an approach of issuing planning permission with conditions that restrict who lives in the house after construction. Conditions restricting occupancy will generally not be imposed.

The Provision of a Single Dwelling House to allow for Retirement and Succession of a Farm Policy 5E (viii)

3.41 This element of the policy allows for a viable farm holding to be passed on to the next generation, allowing for an additional house for the retiring farmer or for a new farmhouse. The retiring farmer under this policy provision could still make a valued contribution to the business on a part time or flexible basis.

3.42 The applicant must demonstrate that:

1. They have recently retired, and the business has been or will be sold or transferred to a family member.
2. Either the applicant or the family member will live in the proposed house. Confirmation is required through the planning application.
3. Any existing houses that form part of the business including past planning approvals (the removal of occupancy conditions and extant consents) will be assessed to establish if there any are suitable alternatives, in operational terms, to provide the housing required.
4. Evaluate the opportunities to provide the required housing, in a location that is suitable for the business and its operational needs, through the policy provision at Policy 4, section A and Policy 4, section E part i), ii), iii). Iv), v) and vi) of the Plan.
5. The viability, scale, longevity and other relevant details of the business must demonstrate that the business is viable; and
6. Provide full justification for the location proposed for the house. The proposed house should be located with buildings of the business, forming part of a building group or in a location that has full business justification and other relevant justification.

Viability, Longevity and Business Justification

3.43 Justifications through the evaluation criteria should be completed by, or with the assistance of, a recognised agricultural assessor. For the purpose of this policy provision, the agricultural business will have been operational in the location of the proposed house for a minimum of 2 years.

Location of the Proposal

3.44 The proposed house should be located adjacent to existing buildings. In some exceptional cases, there may be locational requirements for the business that require the proposed house to be sited away from existing structures and buildings. In these cases, full business justification should be provided for these alternative locations. When considering alternative locations, it is essential that new development is designed and sited to fit into the landscape and to minimise landscape and visual impacts. For example, it would not be sufficient for an agricultural business to state that a proposed housing location allows the occupant to look over the land. Justification must be more detailed in terms of the activities which require to be viewed from this location and why from an operational perspective this is a requirement over a location near to the buildings of the business.

3.45 There may be planning benefits for alternative locations that reduces impacts on material planning considerations such as flooding, built heritage, natural heritage or road safety. These considerations may be used to justify locations away from the existing structures and buildings of the business.

The Use of Occupancy Conditions

3.46 The emphasis through this Guidance has been placed on the provision of full justification for a new development rather than supporting an approach of issuing planning permission with conditions that restrict who lives in the house after construction. Conditions restricting occupancy will generally not be imposed.

4. The Removal of Residential Occupancy Conditions

4.01 A historic grant of planning permission for a house in the countryside for a business, may have included planning conditions that restrict the occupancy of the house. Occupancy conditions are used to restrict occupancy ensuring the availability of the house for the rural business.

4.02 In some instances, the owner of the house and business may require to apply for planning consent to remove occupancy conditions.

4.03 The outcome of an application to remove an occupancy condition is a material consideration for the planning authority if in the future a new application for another house on the same rural business’s submitted.

4.04 Change in planning policy (national or local)

Since the original application was approved with occupancy conditions, national or local planning policies may have changed. In these cases a planning application will be supported by a statement detailing these changes and how the proposal is supported by either existing national or local planning policies.

4.05 Change in business circumstances

Since the original application was approved, the business may have changed that has in turn has brought about a change in the housing requirements of the business. For the planning authority to fully consider the removal of occupancy conditions, a full statement detailing the change in business circumstance, how these changes are linked to the removal of the occupancy conditions and the consideration of alternative solutions, will be provided with the planning application.

5. Definitions

5.01 For the purpose of this guidance, the following definitions apply. Please note that a full glossary of planning terms used in Orkney is provided online at http://www.orkney.gov.uk/Service-Directory/G/Glossary-of-Planning-Terms.htm .

5.02 Architectural Merit is when a building or structure displays features of architectural merit or has a specific architectural style. The architectural merit or architectural style of the building or structure is either rare or a good example that is generally intact and not greatly altered.

5.03 Building or structures are defined as being above ground and having the majority of the original walls to wallhead level of 1.6 metres evident on site and an external floor area of 50 square metres or greater. It should also be proven beyond reasonable doubt that the building or structure either has a roof or had a roof in the past.

5.04 Brownfield Site is defined as land where contaminants are present or suspected of being present that may represent a potential risk to human health or to the environment. This risk is either through the direct uptake of contaminants into the food chain or ecosystems, direct ingestion or inhalation, contamination of water resources, fire and explosion of combustible contaminants or an attack on building materials and services by corrosive contaminants. Additionally, there should be man-made features on site that are over 2 metres in height and are not necessarily buildings.

5.05 Curtilage is defined as the extent of the land associated with the building (house) which is used and maintained as domestic space and is in the ownership and/or control of the host house. 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. A field or piece of ground which is near to or associated with the house is not necessarily curtilage. Where an area of land has planning permission to be used as domestic curtilage or has achieved the status lawfully through the passage of time, it will be considered as such unless is has been abandoned for a period of 10 ten years where its use will be deemed to have lapsed.

5.06 Existing Housing Group is defined as an existing housing group where there are four or more occupied and independent dwelling houses which relate to each other and are viewed as a group, meaning two or more of the houses share domestic curtilage boundaries.

5.07 Historic Merit – These are buildings that are judged to be socially and culturally important to Orkney. There is interaction between historic merit and architectural merit. There are 3 main categories:

• Vernacular buildings utilise locally available materials and respond to functional, social and environmental constraints. Orkney’s domestic vernacular architecture is recognisable in longhouses that are characterised by thick walls, constructed using local stone, flagstone roofs and floors; and adjoining byres that would have originally housed farm animals. They are often orientated to address local climatic conditions and topography. Orkney’s non-domestic vernacular architecture includes mills, stores and agricultural steadings.
• Traditional buildings are usually designed by architects as opposed to being a direct response to local conditions with similar structures constructed across a wider geographical area. Materials would be local with some use of materials from further afield, such as Welsh or Caithness slate. Examples are 19th century agricultural housing erected on estates that emulate the earlier longhouses, grand laird’s houses of the 18th and 19th century, churches, manses, schools and model farmhouses.
• Non-Traditional Buildings are generally built to fulfil a specific purpose; they are often functional in appearance, and not embellished with elaborate features; and may not be constructed from local or natural materials but of concrete and brick. Examples are wartime structures, lighthouse board buildings and structures associated with the Royal National Lifeboat Institution (RNLI).

5.08 Infill Development is located within a Housing Group. The Infill development site is located in between two of the occupied and independent dwelling houses with the infill site sharing boundaries with these two dwelling houses.

5.09 Non-domestic Building or Structure is defined as noted at 5.03; with the last use not being that of a house.

5.10 Redundant is when a building or structure is no longer suitable for its previous use by virtue of its size and location; and the building or structure is empty, unoccupied and not in an active use.

5.11 Suburbanisation houses may be regimented and aligned to a view rather than responding to climatic and topographic conditions of the location, thereby having greater landscape and visual impacts. There can be a lack of local distinctiveness in suburban areas with the scale, form and massing of buildings more suited to an urban area. Further information on suburbanisation with regards to infill development may be the subject of dedicated Development Management Guidance.

Appendix 1: Site Development Statement

The aim is not to duplicate information that is already contained within the planning application but to inform the planning authority and other interested stakeholders of the design process undertaken and how the applicant is looking to achieve the potential of a development appropriately. There is no right or wrong content in a Site Development Statement, this is a guide. Note that these statements should be supported by graphics and photographs.

1 - Layout

Introduction

This section introduces the site and the development. Subsections could be:

• Description of Development Proposed
• Development Aspirations
• Relevant History
• Pre-planning Advice

Site and Surrounding Area Appraisal Section

This section looks at the context, the users, the buildings, the landscape, planting, boundaries etc. Subsections could be:

• The Location
• The Site
• Existing Connections

The Development Principles

The “rules” the development must consider when designing. They could be national or local planning policies or issues such as flooding.

The Development Concept

Looks at the investigations, analysis and the development principles to show how they have been understood and taken forward or not to the development solutions.

The Development Solutions

There may be more than one; and this section potentially discusses and discounts solutions.

The Development and Supporting Statement

Which development? And why?

2 - The Example

This example is fictitious and based on scenarios that are found throughout Orkney. Its an farmhouse and farmstead called Hillquoy, the farm was bought by a neighbouring landowner that wishes to sell houses / housing plots to help finance his business and presently manages his farm from another steading. The application that has been received by Development Management is for the erection of a replacement house, Site C only.

Introduction

This statement discusses the redevelopment of Hillquoy in New Parish on the Mainland. It comprises of a farmhouse and farmsteading. The house is in use and the farmsteading has not been actively used for a number of years. The land of the farm has been incorporated into a larger neighbouring farm.

Please note that the plans contained within this statement are not to scale and indicative only.

Description of the Development Proposed

It is proposed to redevelop this under used group of buildings. The applicant wishes to realise the value of this builtform. This document shows how this can be achieved whilst responding to the features of the location, being environmentally acceptable and allowing for independent dwelling houses.

Development Aspiration

Realise the value of the builtform of Hillquoy and for any proposed development to be environmentally acceptable.

Relevant History

The structures of Hillquoy are appropriately 160 years old, with some structures constructed of stone with welsh state roofs. Newer buildings from the 1960’s are block built with corrugated sheet roofing.

Pre-planning Advice

With Mrs Smith of the Development Management Team in October 2018. Her advice has shaped the final proposed development and other advice has also been gained from Building Standards and SEPA (about foul and surface water drainage arrangements).

Site and Surrounding Area Appraisal Section

The Location

IMAGE: A site location plan marks Hillquoy northeast of Nether Hill and southwest of Hillcrest. It shows the A999, Hillcrest Road, School Road, the Burn of Hillquoy, and surrounding agricultural land.

The location is noted in the above plan. Hillquoy lies to the northeast of Nether Hill and the southwest of Hillcrest in a location that is predominantly agricultural in use. In the last 20 years a number of residential properties have been developed to the south east of the Hillquoy off the School Road.

Nether Hill is a house and farm steading that has been greatly altered in the last 30 years. The house, originally a stone built one storey house has been altered and extended to incorporate outbuildings. The farmsteading is dominated by large agricultural shed constructed of poured concrete with wooden slatted sides and a corrugated sheet roof.

IMAGE: A photograph labelled “Hillcrest” shows a traditional stone house and adjoining buildings set in a rural garden.

Hillcrest which is located on higher ground above Hillquoy is a traditional group of buildings that have not been altered and updated. They are smaller in scale, generally constructed of stone with gable ends.

IMAGE: A photograph labelled “Hilhead” shows a low traditional stone farm building group with gable ends in a grassy field.

The landscape in the location is predominantly cultivated grass fields with post and wire fencing with Hillquoy located within a landscape that gently slopes from the west to the east. The Burn of Hillquoy runs along the Hillcrest Road.

Within this location there are no landscape designations or historic environment assessments such as listed buildings.

IMAGE: “Photo A - Agricultural Land and Hillhead” shows cultivated agricultural fields, a narrow road, fences, livestock and distant traditional buildings.

IMAGE: “Photo B – Landscape west of the site” shows open grassland, fencing, trees and a narrow track across gently rising land.

The Site

The Site Plan notes the existing buildings of Hillquoy and labels them A to C. The buildings of Hillquoy sit within the landscape and there are a number of mature sycamore trees in the garden grounds. The site does not have a flood risk from coastal, river or surface water.

IMAGE: A site plan with a north arrow labels the existing buildings A, B and C, shows roads and access routes, and marks mature trees and garden areas around the buildings.

A – The former farmsteading is in a “Horseshoe” arrangement. The northern and western buildings are constructed of stone and originally had an Orkney slate roof. This slate has recently been removed because of safety concerns and roofed with corrugated sheeting. Part of the northern building has a loft level but the appearance of the buildings is that of single storey. The southern buildings are block built with a corrugated asbestos sheeting on the roof.

All buildings are gable ended and openings in the buildings are agricultural in nature (mainly doors with limited windows). Through pre-planning consultation, Development Management stated that the stone element of the farmsteading had historical merit and should be retained in any redevelopment plans.

IMAGE: “Farmsteading at A” shows a close view of a red wooden door set into a traditional stone wall, with garden tools leaning against the wall.

IMAGE: “Farmsteading at A” shows a long stone agricultural building with a corrugated roof beside a narrow rural road.

IMAGE: “Farmsteading at A” shows another side of a long, rendered agricultural building with a corrugated roof and rooflights.

B – The house of Hillquoy is in a good state of repair but requires some modernisation. It is mainly of stone construction with a welsh state roof. The house is a storey and a half with 3 bedrooms, a living room, kitchen / dining room, bathroom and entrance porch. Attached is a lean too domestic garage.

IMAGE: “Hillquoy – Farmhouse at B” shows the farmhouse partially screened by trees, with a driveway and garden.

IMAGE: “Hillquoy - house at B” shows the front of the farmhouse, with a stone-coloured rendered façade, slate roof, chimney, windows, porch and attached outbuilding.

C – This is a single storey block built agricultural building with a corrugated asbestos sheeting roof. Through pre-planning consultation, Development Management stated that this building has no architectural or historic merit.

IMAGE: “Agricultural Buildings at C as viewed from the field” shows a low, weathered agricultural building with a corrugated roof and rooflights.

IMAGE: “Agricultural Buildings at C as viewed from the garden” shows the same agricultural building partly hidden behind mature trees.

Existing Connections

The Location Plan shows the existing connections in the proximately of the redevelopment site. The public bus service that links this location to the Villages of St Ann’s and St David’s; and Orkney’s main town of Churchwall, runs along the A999. The Hillcrest Road is an unclassified public road which is a single-track.

The Development Principles

The relevant local policies to be considered are found in the Orkney Local Development Plan 2017 (OLDP2017) https://www.orkney.gov.uk/Service-Directory/O/Orkney-Local-Development-Plan.htm (Policy 1, 2 and 5E) and associated Supplementary Guidance of Housing in the Countryside (SG) https://www.orkney.gov.uk/Service-Directory/D/housing-in-the-countryside-2.htm

These documents will be considered positively to shape the development proposed so as to gain consent and to be acceptable. For this rural redevelopment and to maximise the potential, the provision set under part iii) – The Replacement of an Existing Building or Structure of Policy 5E requires consider. They are:

1. Is the building considered to be a building or structure under the definition stated in the Supplementary Guidance? It requires to be above ground with the majority of walls to wallhead level of 1.5 metres evident on site and an external floor area of 50 square metres or greater. It should be proven beyond reasonable doubt that the building or structure either has a roof or had a roof in the past.
2. Is the building redundant? It is no longer suitable for its previous use by virtue of its size and location; and the building is empty, unoccupied and not in an active use.
3. Does the building have architectural and / or historical merit? The historic vernacular building definition states that it should utilise locally available materials and respond to functional, social and environmental constraints. Orkney’s domestic vernacular architecture is recognisable in longhouses that are characterised by thick walls, constructed using local stone, flagstone roofs and floors; and adjoining byres that would have originally housed farm animals. They are often orientated to address local climatic conditions and topography. Orkney’s non domestic vernacular architecture includes mills, stores and agricultural steadings.

The Development Solutions

Taking into consideration the site investigations, analysis, the relevant development principles and the developer’s aspiration; there are a number of solutions that could be considered for this location; and a number of combinations of these solutions as noted below.

The first solution - extend and renovate the existing house at B and do nothing with the farmbuildings at A and C.

The second solution - extend and renovate the existing house at B and convert the farmbuilding at A.

The third solution - extend and renovate the existing house at B, convert the farmbuilding at A and knockdown the farmbuilding at C and erect a new house under the one for one policy.

The fourth solution - extend and renovate the existing house at B, convert the farmbuilding at A and build a replacement house under the two for one policy and knockdown the farmbuilding at C and erect a new house under the one for one policy.

The Development and Supporting Statement

The fourth solution has been selected as it meets the developer’s aspirations, accords with the relevant development principles and the site context.

IMAGE: A site plan shows proposed buildings A, B, C and D, proposed curtilages, shared access and communal areas. Red cross-hatching marks approximate combined foul drainage and surface-water drainage locations.

The above plan notes the proposed curtilages and the communal areas to allow for drainage and appropriate access (shown on plan in red hatching).

For All Development there are a number of development and design considerations that are common and that will form part of future planning applications, allowing future development to be environmentally acceptable and accord with the noted development principles.

• After the completion of a tree survey, trees where appropriate and noted within the findings of the tree survey; will be retained to maintain privacy, general amenity, shelter and biodiversity. New planting will be proposed that will add to this provision.
• For the foul and surface water drainage to be combined. For their onward access and maintenance to be covered by a deed condition.
• For all proposed development, the amenity and privacy of all residents must be protected.
• Colours and materials to be used should positively consider the colours and materials of the location.

Building A

IMAGE: A hand-drawn plan of Building A marks the building, private garden ground in green, vehicle access, retained trees, and approximate locations of combined foul drainage and surface-water drainage.

• The building accords with the definitions in the Supplementary Guidance of a building or structure, it is considered redundant and has historic merit.
• For the stone element of this building to be retained because of the historic significance.
• For vehicle access to be taken off the Hillcrest Road to the east of the buildings.
• For the area coloured green to be maintained as the private garden ground for this dwellinghouse and boundary treatments to be no more than 1 metre in height.

Building B

IMAGE: A hand-drawn plan of Building B marks the private garden ground in green, vehicle access, retained trees, and approximate locations of combined foul drainage and surface-water drainage.

• For the area coloured green to be maintained as the private garden ground for this dwellinghouse and boundary treatments to be no more than 1 metre in height.

Building C

IMAGE: A hand-drawn plan of Building C marks the proposed building, vehicle access, trees, and approximate locations of combined foul drainage and surface-water drainage.

• The building accords with the definitions in the Supplementary Guidance of a building or structure, it is considered redundant and does not have either historic or architectural merit.

• For the original building to be removed from the site.

• The house footprint noted on the drawing indicates how the plot may function with the trees of the original house maintaining privacy and amenity between the 2 dwellinghouses.

• New planting should be proposed to provide for privacy, general amenity, shelter and biodiversity.
• For the ridge height of this new house not to be higher than either the overall height of the original house or the farmbuildings to be retained, taking into consideration ground levels.

Building D

IMAGE: A hand-drawn plan of Building D marks the proposed house, vehicle access, and approximate locations of combined foul drainage and surface-water drainage.

• The house footprint noted on the drawing indicates how the plot may function.
• For the ridge height of this new house not to be higher than either the overall height of the original house or the farmbuildings to be retained, taking into consideration ground levels.
• New planting should be proposed to provide for privacy, general amenity, shelter and biodiversity.

Supporting Statement

The redevelopment of this building group is appropriate to the site and its context. The buildings of merit are to be retained and redeveloped (the original house and the stone farm buildings), new development will be located to sit with the existing building group and will positively consider this agricultural landscape setting by siting one new build house in the location of an un-used agricultural building and the other in close proximity to form a grouping.

The overall building heights of the new build elements will not be higher than the historic builtform that has been part of this landscape for over 160 years. Combining drainage elements, covering onwards maintained through title deed provision and retaining and adding to the mature trees will protect amenity and reduce environmental impacts.

The redevelopment accords with the policies of the Orkney Local Development Plan 2017 and associated Supplementary Guidance: Housing in the Countryside.