• Agenda

Minute of the meeting of the Caithness, Sutherland and Easter Ross Planning Applications Committee held on site at land South of Tigh na Greine, Quebec Bridge, Tain at 10.00 am and thereafter at the Duthac Centre, Shandwick Street, Tain on  Tuesday, 25 October 2011 at 10.30 am.

Committee Members Present:

Mr Richard Durham (Items 3.1 – 4.4)
Mr Bill Fernie
Mr Donnie Mackay
Mr Jim McGillivray
Mr Martin Rattray
Mrs Fiona Robertson
Mr Ian Ross
Mr Graeme Smith

Non-Committee Members Present:

Mr Michael Finlayson
Mrs Maxine Smith

Officials in attendance:

Ms Susan Blease, Clerk
Mr Dafydd Jones, Area Planning Manager North
Mr Bob Robertson, Principal Planner
Mrs Dorothy Stott, Principal Planner
Ms Lisa Mackenzie, Planner
Mr Robert Patton, Principal Officer (Land) (Item 3.1)
Mr Nick Richards, Forestry Officer (Item 3.1)
Mr Campbell Stewart, Area Roads and Community Works Manager
Mrs Alison MacArthur, Acting Administrative Assistant

Mr Donnie Mackay in the Chair

Business

1. Apologies for Absence and Declarations of Interest

Apologies were received from Mr David Bremner, Mr Rob Coghill, Mr George Farlow, Mr Robbie Rowantree, Lady Marion Thurso and Mrs Carolyn Wilson.

Mr Martin Rattray declared a non-financial interest in item 3.3 as he knew both the applicants. 

2. Confirmation of Minutes

There had been circulated for confirmation the minutes of the Committee meeting held on 13 September 2011.  The minute was held as read and approved.

3.   Continued Items

3.1   Applicant:  Mr Dave MacDonald (10/03519/PIP) (PLC-047-11 (1138kb pdf))
Location:  Land South of Tigh na Greine, Quebec Bridge, Tain
Nature of Development: Proposed Development of the Site for a Single House
Recommendation:  Refuse

There had been circulated Report No PLC/047/11 by the Area Planning Manager North recommending the grant of planning permission in principle subject to the conditions detailed therein. 

The Committee members attended on site accompanied by officers and the applicant, Mr Dave MacDonald.  Mr Bob Robertson and Mr MacDonald pointed out the boundaries and features of the site. 

Mr Robert Patton advised that the woodland adjoining this site was identified in the Scottish Ancient Woodland Inventory. 

The applicant stated that the storms of 2006 had damaged the woodland and the Forestry Commission were coming to remove some of the trees in the forest adjacent to the site.   Some of the birch trees around the site were also having to be removed due to fungal disease.

The new road, which had been put in place when the Quebec Bridge was destroyed in flooding in 2006, provided better visibility and the applicants had been using this as a new access, leaving the old access for walkers, cyclists, horse riders and the like.

Mr Campbell Stewart pointed out that the access from the track was not providing visibility splays of 120 m to the east.  Visibility was in fact better at the old entrance where you could see further to the east. 

Following the site visit, the meeting resumed in the Duthac Centre and Mr Robertson presented the report and recommendation. 

Mrs Fiona Robertson stated that this was a garden that had been cultivated and rabbit fenced and was therefore utilised as a garden.  The track had been put in due to the collapse of the Quebec bridge in the storms of 2006.  The development of this site would not involve root damage or removal of any trees. 

Mr Richard Durham pointed out that the original owner had always used the whole site as garden ground as he was a keen gardener.  This had always been an extended garden and was not created recently with this planning application in mind, It was evident that the fence going round the vegetable garden was very old.  He was confident this did fit with policy.  The Council had put in the track when the bridge had collapsed but the site had originally been garden area. 

Mr Ian Ross agreed that the application was not at odds with the policy. This site had originally been a garden associated with the house although it did have a degree of informality about it.  As the road had been put in at the time of the failure of the bridge it would be wrong to have the applicant suffer because of this.  The only aspect needing resolved was the access onto the road. 

Mr Bill Fernie suggested the vegetation on the southern side of the road could be cut down approximately 3 feet as this would greatly aid visibility. 

Mr Stewart pointed out that visibility was restricted and that works were needed to be done to the embankment as a 120 metre splay on each side of the entrance was required.  Although he was treating the road as having a 40 mph average traffiic speed it was in fact subject to a 60 mph speed limit.  It would normally therefore require a greater visibility splay than was currently being requested.   The applicant had no rights to the embankment and would need to negotiate with the landowner if any works the embankment were to be required. 

Mr Patton asked that if members were minded to approve the application a condition be included that a tree impact assessment (conforming to BS 5837) be carried out and that proposed mitigation measures be submitted for approval and thereafter implemented.

Mr Richard Durham, seconded by Mrs Fiona Robertson, then moved that planning in principle be granted.   

Reason: The access route separating the site from the rest of the garden had been created by the Council due to a failure of the Quebec Bridge and as an emergency measure for the benefit of the wider community.  It would be unfair to the applicant if, as an unintended consequence of this, the site were no longer classed as garden ground for the purposes of the housing in the countryside policy. 

There being no other motion, the Committee agreed to grant planning permission in principle subject to appropriate conditions to be delegated to the Area Planning Manager in consultation with local members.  The conditions were to include a requirement that the developer submit a tree impact assessment (conforming with BS 5837) and proposed mitigation measures for consideration/approval prior to the commencement of development with approved mitigation measures thereafter to be implemented.  An informative note was to be added advising the applicant to take steps to improve visibility to the east of the junction between the access and the public road by cutting down vegetation and, if possible, reducing the height of the embankment on the southern side of the public road.

3.2   Applicant:  Mr Kenneth Mackenzie (11/00170/FUL) (PLC-048-11 (1069kb pdf))
Location:  Land 450 m SE of Cullisse Farmhouse, Nigg
Nature of Development: Erection of Wind Turbine (Updated Visualisations)
Recommendation:  Grant.

There had been circulated Report No PLC/048/11 by the Area Planning Manager North recommending the grant of planning permission subject to the conditions detailed therein. 

Mr Bob Robertson presented the report and recommendation, circulating photomontages to assist members in visualising the impact of the proposed turbine. 

Mr Richard Durham noted that out of the four photomontages, two showed the turbine above the sky line.  He had concerns as this was the first large scale turbine in the body of Easter Ross.   A 30 metre mast would have been preferable to the 50 metre one proposed.  This was open flat countryside and this mast was too tall, he would have liked to see a turbine which did not break the sky line.  

Mrs Fiona Robertson stated that she had asked for visuals showing views from 47 residential properties from which the turbine would be visible but understood that this had not been possible.  This turbine was to be located within a community with many properties surrounding it and Mrs Robertson consequently considered it should be refused on grounds of adverse impact on visual and residential amenity and on landscape character.  She also had concern that the turbine would impact adversely on wildlife in the area.  

Mr Bill Fernie stated that as this application accorded with current policy there was no reason to refuse.  Turbines in the Caithness area were much bigger structures than these and this turbine had no impact in comparison.  There was no evidence to back up a claim that wildlife in the area would be adversely affected. 

Mr Ian Ross advised that following his request at the last meeting for production of better visuals, he was happy with the visuals which had now been presented.  

Mrs Fiona Robertson, seconded by Mr Richard Durham, then moved that planning permission be refused on grounds of adverse impact on visual and residential amenity and on the landscape character of the area. 

Mr Ian Ross, seconded by Mr Donnie MacKay, moved as an amendment that planning permission be granted subject to the conditions recommended in the report.

The Clerk confirmed, and members agreed, that only those members who had been present at the previous meeting when the application was first considered should participate in the vote.

On a vote being taken by roll call, votes were cast as follows:-

For the Motion: (3)

Mr Richard Durham
Mr Jim McGillivray
Mrs Fiona Robertson

For the Amendment: (4)

Mr Bill Fernie
Mr Donnie Mackay
Mr Graeme Smith
Mr Ian Ross

Accordingly the amendment became the finding of the meeting and planning permission was granted subject to the conditions recommended in the report.

3.3  Applicant:  Mr Allan and Mrs Kathy Wares (11/01098/FUL) (PLC-049-11 (560kb pdf))
Location:  Land West of Bighouse Farm, Melvich
Nature of Development: Erection of House (As Amended)
Recommendation:  Grant.

Mr Martin Rattray had earlier declared a non-financial interest in Item 3.3 as he knew the applicants well.  Mr Rattray therefore left the meeting for the duration of this item.

There had been circulated Report No PLC/049/11 by the Area Planning Manager North recommending the grant of planning permission subject to the conditions detailed therein. 

Ms Lisa Mackenzie presented the report and recommendation.  Ms Mackenzie pointed out an error on page one of the report where the wording “and to enable the Conservation Officer to be present at Committee” should be removed. 

Following the presentation, the Committee agreed to grant planning permission subject to the conditions recommended in the report.

4.   Planning Applications

4.1   Applicant:  The Links House Limited (10/04442/FUL and 10/04443/LBC) (PLC-050-11 (1618kb pdf))
Location:  Links House, Kennedy Avenue, Dornoch 
Nature of Development: Change of Use from House to Guest House.  Alterations, Repairs and Extension.  Window Openings formed in South Elevations, Roof Lantern Formed, Garage and 2 Small Lean-to Buildings Demolished.  Widen Drive Entrance Gate and Add New Gate to Golf Road.
Recommendation:  Grant.

There had been circulated Report No PLC/050/11 by the Area Planning Manager North recommending the grant of planning permission subject to the conditions detailed therein. 

Ms Lisa Mackenzie presented the report and recommendation. 

Mr Jim McGillivray noted that there had been extensive discussion and compromise with this application.  He noted the Conservation Officer’s concerns but was content that the application secured the future of this building.

Mr Ian Ross agreed it was a pragmatic approach with a good outcome that brought the building back into use. 

The Committee then agreed to grant planning permission and listed building consent subject to the conditions in the report and following clearance by Scottish Ministers. 

4.2   Applicant:  Mr Gordon Innes (11/01479/PIP) (PLC-051-11 (1012kb pdf))
Location:  Land 60 m East of Culcairn Cottages, Newmore, Invergordon
Nature of Development: Erection of House
Recommendation:  Refuse.

Mrs Maxine Smith and Mr Mike Finlayson had requested and been granted local member votes in respect of this item pursuant to Standing Order 13.2.

There had been circulated Report No PLC/051/11 by the Area Planning Manager North recommending the grant of planning permission in principle subject to the conditions detailed therein. 

Mrs Dorothy Stott presented the report and recommendation. 

Mrs Maxine Smith stated that the houses in the vicinity of the application site had the cohesiveness of a housing group and should be treated as such.  The public road separating them was in fact no more than a track.  The application site was at present poor quality grazing land.  Mrs Smith would accordingly move that planning permission in principle be granted. 

Mr Mike Finlayson was concerned with foul drainage, how it  would affect the current system and whether it would be detrimental to the houses already there.

Mr Ian Ross stated that this application was very straightforward and against policy.  There was no argument that the proposal fitted in with any of the permitted exceptions identified in the policy which had been approved and adopted..  The Authority had to work within its policy as, otherwise, planning would become a “free for all”. 

Mr Graeme Smith agreed, stating that members of the public had a legitimate expectation that the Authority would apply its adopted policy when there were no material planning reasons to depart from it. 

The Committee then agreed to refuse planning permission for the reasons set out in the report.

4.3   Applicant:  Seaboard Memorial Hall (11/02367/FUL) (PLC-052-11 (348kb pdf))
Location:  Hilton of Cadboll Primary School, Hilton of Cadboll, Tain
Nature of Development: Erection of Polytunnels.
Recommendation:  Grant.

There had been circulated Report No PLC/052/11 by the Area Planning Manager North recommending the grant of planning permission subject to the conditions detailed therein. 

Ms Lisa Mackenzie presented the report and recommendation. 

The Committee agreed to grant planning application subject to the conditions recommended in the report.

4.4   Applicant:  Community Council of the Royal Burgh of Tain (11/02401/FUL) (PLC-053-11 (601kb pdf))
Location:  Land SE of Arthurville Gardens, Tain, IV19 1PL 
Nature of Development: Development of Allotments on 1.3 Hectare Site Including the Erection of Security Fence 
Recommendation:  Grant.

There had been circulated Report No PLC/053/11 by the Area Planning Manager North recommending the grant of planning permission subject to the conditions detailed therein. 

Ms Lisa Mackenzie presented the report and recommendation.

Mrs Fiona Robertson supported the application but did consider the proposed car parking to be inadequate   Other members shared this concern.

Mr Campbell Stewart stated that the number of parking spaces required was a judgment call.  TEC Services had taken the decision that 20 spaces would be sufficient, although he could provide no guarantee of this.  If overspill became a problem there was capacity in the area for creation of additional off street parking if required.

The Committee then agreed to grant planning permission subject to the conditions recommended in the report.

4.5   Applicant: Mr W Munro (11/02567/FUL) (PLC-054-11 (1775kb pdf))
Location:  Land 250 m South of Kindeace House, Invergordon
Nature of Development: Erection of a House and Garage and Formation of New Access
Recommendation:  Grant subject to the prior conclusion of a Section 75 legal agreement.

There had been circulated Report No PLC/054/11 by the Area Planning Manager North recommending the grant of planning permission subject to the conditions detailed therein and the prior conclusion of a Section 75 agreement to tie the new house to an appropriate area of the farm lands. 

Mr Bob Robertson presented the report and recommendation. 

The Committee then agreed to grant planning permission subject to the conditions recommended in the report and the prior conclusion of a Section 75 agreement tying the new house to the 76 hectare area referred to in the report.

4.6   Applicant:  The Highland Council (11/02575/FUL) (PLC-055-11 (1125kb pdf))
Location:  Craighill School, Craighill Terrace, Tain, IV19 1EU 
Nature of Development: Formation of Access Road and Parking Bays.
Recommendation:  Grant.

There had been circulated Report No PLC/055/11 by the Area Planning Manager North recommending the grant of planning permission subject to the conditions detailed therein. 

Mr Bob Robertson presented the report and recommendation. 

The Committee agreed to grant planning permission subject to the conditions recommended in the report.

4.7   Applicant:  BAM Nuttall Limited (11/03168/FUL) (PLC-056-11 (1033kb pdf))
Location:  Council Roads Depot, Scourie 
Nature of Development: Provide Temporary Accommodation Facilities.
Recommendation:  Grant.

There had been circulated Report No PLC/047/11 by the Area Planning Manager North recommending the grant of planning permission subject to the conditions detailed therein. 

Mr Bob Robertson presented the report and recommendation. 

The Committee agreed to grant planning permission subject to the conditions recommended in the report.

5.    Decisions of Appeals to the Scottish Government Directorate for Planning and Environmental Appeals

5.1   Applicant:  Mr Paul Allison (11/03006/FUL) (PPA-270-2053 (77kb pdf))
Location:  Land West of Evelix Cottage, Scotsburn, Lamington, near Tain 
Nature of Development: Erection of Three Dwelling Houses with Associated Access and Services

The Committee noted the appeal had been dismissed.   

6. Delegated Decisions and Performance

The Committee noted the summary of delegated decisions on planning applications from 5 September 2011 to 14 October 2011 full details of which were available on the Members’ Bulletin and via The Highland Council website. 

There being no further business the meeting closed at 12.45 pm.