Government notified of Unst planning decision due to SEPA objection
SCOTTISH ministers could have the final say on an approved house development in Unst due to an outstanding objection from a government agency.
The objection to the plans at Snarravoe in Uyeasound was made by the Scottish Environment Protection Agency (SEPA) over coastal flood risk concerns.
A planning application to rebuild the derelict Snarravoe House into a new dwellinghouse was turned down by council planners earlier this year, with there said to be a risk of flooding.
SEPA had objected to the application on the same grounds, saying there was a 5-10 per cent risk that the property would flood every year.
But when the application was put to Shetland Islands Council’s planning committee for decision, due to the objection, elected members approved the plans.
They were persuaded by the mitigation measures the homeowner would put in place against flooding.
However, as per planning processes, the government has now been notified given the outstanding objection from SEPA.
This has triggered a 28-day period for Scottish ministers to determine whether the application should be “called in”, in which the final decision would be taken at a national level and not locally.
A letter from the Scottish Government’s planning directorate said in a letter to the SIC that the “period within which the Scottish ministers may require you to refer the application to them for decision is 28 days from 7 August 2026”.
“That period may be extended before it expires on 4 September 2026 if necessary to allow the Scottish ministers to complete their consideration of the case,” it added.
There are a number of circumstances where Scottish ministers should be notified of a local planning decision, including objections from government agencies, or significant departures from the planning authority’s own development plan.
One local example in recent years was Scottish ministers being notified of plans for a house near the Clickimin Broch in Lerwick which were approved by councillors despite an objection by Historic Environment Scotland.
The SIC’s planning service refused the Snarravoe application earlier this year, saying it had not been demonstrated that the conversion “can be made safe from flooding over the lifetime of the development”.
“The site is located within an area at risk of flooding, and the development would introduce a vulnerable residential use where occupants could be exposed to flood risk,” it said.
“While mitigation measures have been proposed, these rely on internal arrangements and management practices which cannot be secured or enforced through planning conditions.
“As such, the proposal would place people and property at unacceptable risk and is contrary to the precautionary approach to flood risk.”
SEPA had objected on the basis that the development “would not be considered to be safe from flooding”, while another couple in Uyeasound also objected to the application.
An appeal was lodged by the applicant after the council’s refusal, leading to it being brought before the SIC’s planning committee.
Ian Irvine from PJP Architects, representing the applicant, spoke in favour of the application at the July meeting and said there were a range of mitigation measures being planned against flooding.
He said potential flooding was “the homeowner’s responsibility, not the council’s”, and said the development “would benefit Uyeasound and the wider community”.
Irvine added that the council had not been required to consult SEPA, and said they had been “confused” by the decision to refuse the application.
He also said a planning officer had previously advised that he was minded to approve the application, pending a response from SEPA.
Planning manager Iain McDiarmid said SEPA had been consulted as a flood risk had been identified.
There was also confusion among elected members about how the property could be refused on flooding grounds, when there were five other properties already in the area.
However a planning officer advised that the existing houses were at risk of flooding.
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