Building in a Specially Protected Area (Scotland)

[Guest Alphonsox]

Friends have been offered a piece of Scottish swamp as a potential building plot. The plot is on the edge of a hamlet in the middle of nowhere on one of the western islands (They currently rent one of the nearby houses). They are currently trying to assess whether this has a chance of getting planning. The first potential problem is that the land is within and on the edge of a 30000ha area designated as a "Specially Protected Area" (SPA). The protected species is the Golden Eagle.

The plot is within 50m of the nearest house, next to a road. The local eagles are not given to paddling in the swamp although do occasionally fly over at several 100ft.

 

Does anyone know if its possible to get planning to build in a SPA ? If so, what sort of protracted bureaucratic struggle is likely to be involved ? (I can see a Great Crested Newt type debacle ensuing) .

 

We can discuss the wisdom of building "Swamp Cottage" at a later date.

 

 

[ProDave]

I seriously question the logic of self build on the Western Isles.  Yes it's a lovely place, but with one of the lowers house prices in Scotland, I seriously doubt you could build a house for less than you can buy one ready made, even if you were gifted the land for nothing.

[Guest Alphonsox]

2 minutes ago, ProDave said:

I seriously question the logic of self build on the Western Isles.  Yes it's a lovely place, but with one of the lowers house prices in Scotland, I seriously doubt you could build a house for less than you can buy one ready made, even if you were gifted the land for nothing.

 

The problem is one of supply and location. The nearest "Ready made" ones are 30-40 minutes away. There hasn't been a place come up for sale in the village in the last 5 years, most are owned by the local estates. The ones that do come to market are snapped up as holiday homes for prices well above what anyone earning a local wage can afford. They are going into this with their eyes open. If they get past the SPA issue then some detailed costings will be next on the agenda.

[AliG]

It seems that these SPAs are defined by the Scottish government under the EU "birds" directive.

 

The Western Isles have been complaining that they are covered by so many conservation areas it has hurt growth.

 

http://www.ampaipear.org.uk/call-moratorium-outer-hebrides-designations/

 

I understand the need for protection of wildlife and certain species, but there are now an enormous number of Quangos and government bodies who can stick their oar into everyone's business due to this and don't care if it means your friend can't build a house in the area that they would like to live and could eventually end up leaving.

 

Someone suggested that 35% of England is protected one way or another, SSSIs, a different designation to SPAs in Scotland cover 12.7% of the country. I do think these considerably interfere with fundamental land ownership rights.

 

I suspect the first port of call is simply to ask the local council planning department, but I would expect to have to jump through many extra hoops and have plans approved by other people rather than just local planning.

 

I have spent weeks trying to get approval for a new garden fence in Edinburgh, because I live in a conservation area. My architect reckons it would have cost close to £1000 in fees if I hadn't resorted to doing all the drawings and other work myself.

[Guest Alphonsox]

2 minutes ago, AliG said:

I suspect the first port of call is simply to ask the local council planning department, but I would expect to have to jump through many extra hoops and have plans approved by other people rather than just local planning.

 

They tried asking the local planning department only to be told that giving them an answer would constitute preplanning advise and that they would need to pay. Unbelievable.

[AliG]

Some councils take that view, Edinburgh planning seem to be surprisingly helpful. Much as I don't like having to follow all the petty rules, people have been very helpful indeed when I have called them up and asked questions.

 

Still pre-planning advice generally isn't very expensive. I  would start by getting a rough idea of what they are thinking of doing, putting it down on paper and asking for the pre-planning advice.

Edited August 23, 2018 by AliG

[Guest Alphonsox]

1 minute ago, AliG said:

Still pre-planning advice generally isn't very expensive. I  would start by getting a rough idea of what they are thinking of doing, putting it down on paper and asking for the pre-planning advice.

 

Your right it isn't much - but any amount seems expensive to answer the simple question "Is building allowed in an SPA ?" which is all that is currently required.

[AliG]

Building is likely to be allowed, the question is are they willing to allow it and how many hoops will have to be jumped through to get it.

[jamieled]

An SPA for golden eagles will have a huge boundary. Unless the nest is  close to the village I doubt SNH (the stat.  consultee) will be bothered for a single house as it will have no impact on the designation.

[Ed Davies]

What they might find is that they can build but there's some restriction like that outdoor work can only be done in months with an “r” in the name.

[Guest Alphonsox]

Looks like Cuillins on Skye are covered by the same scheme. @CrofterHave you come across planning restrictions based around this ?

[Crofter]

 

No

8 hours ago, Alphonsox said:

Looks like Cuillins on Skye are covered by the same scheme. @CrofterHave you come across planning restrictions based around this ?

 

No I can't say I have.

[Cpd]

Two golden eagles over my house today and a sea eagle yesterday as well as the resident  buzzards, kestrels and tawny owl, also the sparrow Hawk keeps snatching sparrows of my bird table ! Just another obscure west coast location.  

[Guest Alphonsox]

30 minutes ago, Cpd said:

Two golden eagles over my house today and a sea eagle yesterday as well as the resident  buzzards, kestrels and tawny owl, also the sparrow Hawk keeps snatching sparrows of my bird table ! Just another obscure west coast location.  

 

Not living/building in a protected swamp are you by chance ?

[Cpd]

Thank GOD I am not...... its a fully unprotected swamp........ just don’t tell the powers at be how much wildlife habitat I have created....its amazing, the increase in flora and fauna you get  when you get the sheep off the ground, fence it in and plant thousand  of trees and flowers. Six years from barren farmland to a flourishing oasis  and I am only just getting started. 

[Guest Alphonsox]

22 minutes ago, Cpd said:

Thank GOD I am not...... its a fully unprotected swamp........ just don’t tell the powers at be how much wildlife habitat I have created....its amazing, the increase in flora and fauna you get  when you get the sheep off the ground, fence it in and plant thousand  of trees and flowers. Six years from barren farmland to a flourishing oasis  and I am only just getting started. 

 

That is exactly my plan for my place in Northern Ireland. We have left the main field fallow for the last two years, the increase wildlife has been astounding. As soon as we move in full time I'll start the planting.