Agendas, reports and minutes

Minute of the meeting of the North Planning Applications Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 25 March 2014 at 10.30 am.

Committee Members Present:

Mr D Bremner, Mrs I Campbell, Mrs G Coghill, Mr B Fernie, Mr M Finlayson, Mr C Fraser, Mr D MacKay (excluding item 5.1), Mrs A MacLean (excluding items 6.3 – 7.1), Mrs I McCallum, Mr D Millar, Mrs M Paterson, Mr G Phillips (excluding items 6.3 – 7.1), Mr I Renwick, Mr A Rhind (excluding items 6.5 – 7.1), Mrs A Sinclair (excluding items 6.6 – 7.1) and Ms M Smith.  

Substitute Members Present:

Mr H Morrison

Non Committee Members Present:

Mr J Rosie

Officials in attendance:

Mr A Mackenzie, Legal Manager (Regulatory Services) and Clerk
Mr D Jones, Area Planning Manager North
Mr A Todd, Area Planning Manager South (Item 6.8)
Mr D Mudie, Team Leader, Development Management
Mrs D Stott, Principal Planner
Mrs S Hadfield, Planner
Ms G Webster, Planner
Mr N Brockie, Planner
Mr C Kemp, Area Roads and Community Works Manager
Mr S Young, Principal Engineer
Mrs A MacArthur, Administrative Assistant
Mrs T Bangor-Jones, Administrative Assistant

Business

Mrs I McCallum in the Chair

The Chairman confirmed that the meeting would be filmed and broadcast over the Internet on the Highland Council website and would be archived and available for viewing for 12 months.  

1. Apologies
Leisgeulan

Apologies were intimated on behalf of Mr G Farlow.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

Item 6.8 – Mr D Jones, Area Planning Manager North (applicant).

3. Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

There had been submitted for confirmation as a correct record the minutes of the meetings of the Committee held on 17 and 18 February 2014 which were APPROVED.

4. Major Applications
Iarrtasan Mòra

There had been circulated Report No PLN-020-14 (117kb pdf) by the Head of Planning and Building Standards providing a summary of all cases within the “Major” development category currently with the Planning and Development Service for determination.

Mr Mudie updated the members as follows:

• the Moray Offshore and Beatrice wind farms had both been granted consent by Scottish Ministers and would be removed from the list;
• the Dalnessie wind farm was to be withdrawn although official notification had not been received at this point; 
• Strathy South although not on the list was ongoing and should go to Committee in June 2014; 
• Strathy Forrest should go to Committee on November 2014 and not on June 2014 as stated in the report; 
• The Tesco application for Thurso was progressing and there was ongoing discussion on various elements of the application; 
• The Oatridge applications: although there were two separate applications for the industrial estate in Portree, these projects were linked and the case officer was working on them simultaneously.   Information had been received but more information was awaited.
  

The Committee NOTED the Report.

5. Continued Items
Cuspairean a' Leantain

5.1  Applicant:  Wind Harvest Ltd (13/02682/FUL) (PLN-021-14 (11kb pdf)) (PLN-018-14 Part 1 (1687kb pdf) | PLN-018-14 Part 2 (409kb pdf))
Location:  Land 978 m SE of Lochend Holding, Barrock, Caithness (Ward 4)
Nature of Development:  Erection of 4 no 2300 kw wind turbines with a height to tip of 99.5 m, height to hub of 64 m, rotor diameter of 71 m and associated infrastructure
Recommendation:  Refuse.

There had been circulated Report No PLN/021/14 by the Area Planning Manager recommending that Committee refuse the application for the reasons detailed therein.  This item had been deferred from the meeting on 18 February 2014 as the standard of visuals had been unacceptable.  The visuals now produced were of a sufficient standard.

A complaint had been received from the Caithness Windfarm Information Forum on the standard of the visuals stating that the visuals were not in accordance with the Council policy.   Ms G Webster stated that although the methodology of the visuals was not 100%, the scale and look of the visuals was considered accurate enough to base a decision on.   Ms G Webster informed members that an appeal had been lodged in relation to the refusal of Lyth windfarm.  

Members had the following concerns:

• No significant detrimental impact was apparent;
• The detrimental effect on tourism had been dealt with in the Public Local Enquiry for the Bailey and Stroupster wind farms where a refusal on the grounds of tourism had been rejected by the Reporter;
• This site already had a grid connection and the quarry is on site which would limit the impact on traffic in the area; 
• Although SNH had not objected they had raised concerns; 
• Four wind turbines would not lead to any detrimental cumulative impact;
  

Ms G Webster stated that impact on tourism was not being cited as a reason for refusal. The reference to the Dunnet Head viewpoint in the second reason for refusal is to demonstrate that its importance is magnified. It was highlighted to Members that these four wind turbines would close the gap between the Stroupster Windfarm and the Lyth Windfarm (if granted on appeal) causing significant cumulative impact.  SNH will only object to an application where it is in the national interest to do so. In this case, while they had not objected to the application they did consider that the application would result in significant adverse cumulative impact.

Mrs I McCallum, seconded by Mr G Phillips, moved the recommendation to refuse the application.

Mr D Bremner, seconded by Ms M Smith moved as an amendment that the application be approved for the following reason and subject to conditions to be agreed by the Area Planning Manager in consultation with the local members present and, if necessary, by the Chair.

The proposal is considered acceptable as it is in accordance with Policy 67. It is not significantly detrimental to the amenity of the properties and communities nearby because the scale and siting of the turbines does not detract from the lie of the landscape.

On a vote being taken using the electronic voting system, votes were cast as follows:-

For the Motion (9)

Mrs G Coghill, Mr M Finlayson, Mr C Fraser, Mrs I McCallum, Mrs M Paterson, Mr G Phillips, Mr I Renwick, Mr A Rhind and Mrs A Sinclair.

For the Amendment (6)

Mr D Bremner, Mrs I Campbell, Mr B Fernie, Mrs A MacLean, Mr D Millar and Ms M Smith.

Abstained (1)

Mr H Morrison.

The motion therefore became the finding of the meeting and the Committee AGREED the recommendation to refuse the application for the reasons stated.

6. Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

6.1  Applicant:  Bell’s Seafood (13/03281/FUL) (PLN-022-14 (616kb pdf))
Location:  The Garage, Gerry Square, Thurso (Ward 2)
Nature of Development:  Conversion of garage to fish processing and distribution facility
Recommendation:  Grant.

There had been circulated Report No PLN/022/14 by the Area Planning Manager recommending that Committee grant the application subject to the conditions detailed therein.

Members had the following concerns:

• The close proximity of residential houses to the application site;
• Was this an appropriate site for this type of business; this business would be better suited to Scrabster and not a residential area; 
• The odour coming from such a facility with the nearby residential area; 
• The noise levels at the facility; 
• The limitation on hours, at condition 6 the hours should be amended to 0600 hours and 1900 hours Monday to Friday and 0600 hours and 1300 hours on Saturdays; 
• No mention in the report of where vehicles were to be washed and the resultant drainage; 
• Would there be large vehicles as entry to the site was challenging? 
• How many vehicles would be parking at the site?
  

Mr D Jones stated that it was for Environmental Health to monitor the noise levels and they had no concerns with regard to noise.  The condition was a standard one, but the equipment used in the operation was capable of operating without detriment to the amenity of the residents nearby.  There was a concern over the possible relaxation of hours as suggested given the potential impact on residents within the area. An additional condition could be added to address the washing of vehicles on site and the resultant drainage.  This was a small operation with no large vehicles visiting the facility.  Parking was only required for the three operatives, the applicant and the three drivers.  As it was in the centre of town it was unlikely they would all take cars.

Following discussion it was stated that there were other fish processing operations in the Highlands in residential areas and they did not create noise disturbance and there were no odours coming from these existing facilities.  There had been no suitable premises identified in Scrabster and the Council wanted to encourage small businesses.  The Council wanted vacant buildings brought back into use and this building would be carbon clever as it was in the centre of town.

Mr D MacKay, seconded by Mr D Bremner, moved that the application be refused for the following reason:

The application will have an unacceptable impact on the amenity of a residential area, this with regard to noise, odour and traffic.

The Legal Manager advised that there was no evidence to support this reason.  

Mr A Rhind, seconded by Ms M Smith, moved as an amendment that the recommendation be agreed but to allow operating hours to start at 6.00am and with an additional condition to clarify vehicle maintenance particularly with regard to disposal of waste water. The latter to be agreed by the Area planning Manager in consultation with the local members present and the Chair.

On a vote being taken using the electronic voting system, votes were cast as follows:-

For the Motion (6)

Mr D Bremner, Mrs I Campbell, Mrs G Coghill, Mr D MacKay, Mrs M Paterson and Mrs A Sinclair.

For the Amendment (9)

Mr B Fernie, Mr M Finlayson, Mr C Fraser, Mrs A MacLean, Mr D Millar, Mr G Phillips, Mr I Renwick, Mr A Rhind and Ms M Smith.

Abstained (2)

Mrs I McCallum and Mr H Morrison.

The motion therefore became the finding of the meeting and the Committee AGREED to grant the application subject to the conditions as recommended but to allow operating hours to start at 6.00 am and with an additional condition to clarify vehicle maintenance particularly with regard to disposal of waste water. The latter to be agreed by the Area Planning Manager in consultation with the local members present and the Chair.

6.2  The Committee NOTED that this item had been withdrawn as the application had been refused under delegated powers.

6.3  Applicant:  Sheriff Court Service (13/03584/LBC) (PLN-024-14 (330kb pdf))
Location:  Sheriff Court House, High Street, Tain (Ward 8)
Nature of Development:  Internal alterations to court house.  New counter with lift.  Public access to courtroom to use existing fire escape stair in clock tower
Recommendation:  Grant.

There had been circulated Report No PLN/024/14 by the Area Planning Manager recommending that Committee grant the application subject to the conditions detailed therein.

The Committee AGREED the recommendation.

6.4  Applicant:  Highland Housing Alliance (13/04495/FUL) (PLN-025-14 (1102kb pdf))
Location:  Fleming Way, Invergordon (Ward 7)
Nature of Development:  Erection of 4 flats, 2 houses and change of 2 house types
Recommendation:  Grant.  

There had been circulated Report No PLN/025/14 by the Area Planning Manager recommending that Committee grant the application subject to the conditions detailed therein.

Members had the following concerns:

• A consultation had been undertaken and the outcome was awaited on the introduction of calming measures in Strath Avenue.  Members asked if it would be possible to ask for a contribution from the developer;

Mr D Jones stated that it was not reasonable to expect the developer to contribute towards works in Strath Avenue given the proposal only entailed an additional 2 units over that previously approved. Any obligations required to be proportionate to the scale of development and its context. If there were wider traffic issues in Strath Avenue they would need to be looked at separately by TEC Services.

The Committee AGREED the recommendation.

At this point, the meeting was adjourned for lunch at 1.10 pm and reconvened at 1.45 pm.

6.5  Applicant:  Dennis Overton (13/04498/FUL) (PLN-026-14 (352kb pdf))
Location:  Land 75 m west of Braefoot, Dingwall (Ward 9)
Nature of Development:  Erection of house  
Recommendation:  Refuse.

There had been circulated Report No PLN/026/14 by the Area Planning Manager recommending that Committee refuse the application for the reasons detailed therein.  

Members had the following concerns:

• Unable to agree with the Planning Officer’s reasons for refusal;
• Was it possible to move the house to the left to widen the space between this house and Braefoot? 
• Policy was quite clear and this house should be in line with Braefoot and be of a similar design;
  

Mrs S Hadfield stated that it would be possible to ask the developer to move the house site to the left.

Following discussion members were divided on the suitability of the house design in this area.

Ms M Smith, seconded by Mr D Millar, moved the recommendation to refuse.

Mrs M Paterson, seconded by Mr D Mackay, moved as an amendment that consideration of the application be deferred to allow the applicant to consider re-siting the location of the house to the westfor the following reason:

The design of the application is acceptable and is not in conflict with Policies 28 and 29.  However it is considered that the siting gives cause for concern and that the application be deferred to allow discussion in relation to moving the house to the West.

On a vote being taken using the electronic voting system, votes were cast as follows:-

For the Motion (5)

Mr M Finlayson, Mr C Fraser, Mr D Millar, Mr I Renwick and Ms M Smith.

For the Amendment (9)

Mr D Bremner, Mrs I Campbell, Mrs G Coghill, Mr B Fernie, Mr D Mackay, Mrs I McCallum, Mr H Morrison, Mrs M Paterson and Mrs A Sinclair.

The motion therefore became the finding of the meeting and the Committee AGREED to accept the design of the house but defer the application to allow the applicant to re-site the location of the house to the west.  

6.6  Applicant:  Mr and Mrs Barry Hawthorne (13/04808/FUL) (PLN-027-14 (1258kb pdf))
Location:  Land to south east of Snizort Free Church of Scotland, Skeabost Bridge, Portree, Isle of Skye (Ward 11)
Nature of Development:  Erection of dwelling and garage, formation of access, installation of air source heat pump and Puraflo system with outflow to River Tora  
Recommendation:  Grant.

There had been circulated Report No PLN/027/14 by the Area Planning Manager recommending that Committee grant the application subject to the conditions detailed therein.

Members had the following concerns:

• The works still hadn’t been done on the road by a previous applicant and members were concerned that the work to the road by this applicant should be done before the commencement of works;
• The garage was situated on top of the new water supply and would need to be moved; 
• Would there be noise in relation to the air source pump? 
• One of the conditions stated that all trees had to be protected during construction.  Did this involve protecting the tree span?  One of the trees crossed the access and it would be impossible to commence work if the tree span had to be protected; 
• Could the work to the road be done by the previous developer and this developer at the same time to minimise disruption? 
• The voluntary adjustment to the size of the windows to protect the neighbours privacy was welcomed; 
• Was there sufficient space for refuse uplift?
  

Mr D Jones stated that the obligations on the previous developer remained active.  The Council could seek improvements to the road, relative to the proportionate size of this development, by the applicant.  It would be unfair and unreasonable to ask that the works be done at the same time as this developer had no control over the other developer.  There would be no significant changes to the current refuse collection.  The protection of the trees involved protecting the root system from traffic and disruption.  The garage may need to be moved in relation to the water pipe.  The wording to condition 2 could be amended to read “No development shall commence on the house until a scheme……”.

The Committee AGREED the recommendation but with condition 2 amended to add the words “on the house” between the words “commence” and “until” in the first line.

6.7  Applicant:  Mr and Mrs John and Fiona Middleton (14/00125/FUL) (PLN-028-14 (587kb pdf))
Location:  Lochbay Cottage, Stein, Waternish, Isle of Skye (Ward 11)
Nature of Development:  Change of use with alterations: renovation of existing property, demolition of existing extensions, erection of new extensions and detached garage, replacement of existing septic tank to existing outfall, change of use from house to B and B accommodation (letting 2 out of 3 bedrooms)
Recommendation:  Grant.

There had been circulated Report No PLN/028/14 by the Area Planning Manager recommending that Committee grant the application subject to the conditions detailed therein.  

The Committee AGREED the recommendation.

Mr D Jones, the Area Planning Manager, declared an interest in item 6.8 following as he was the Applicant and left the meeting while the application was determined.

6.8  Applicant:  Mr Dafydd Jones (14/00736/FUL) (PLN-029-14 (1844kb pdf))
Location:  Letham Craig, Easter Balloan, Marybank (Ward 6)
Nature of Development:  Erection of extension and relocation of disabled ramp
Recommendation:  Grant.

There had been circulated Report No PLN/029/14 by the Area Planning Manager (South) recommending that Committee grant the application.  

The Committee AGREED the recommendation.

7. Decisions of Appeals to the Scottish Government Directorate for Planning and Environmental Appeals
Co-dhùnaidhean Ath-thagraidhean do Bhuidheann-stiùiridh Riaghaltas na h-Alba airson Ath-thagraidhean Dealbhaidh agus Àrainneachd

7.1  Applicant:  Eurowind UK per Logan PM (14/00004/REFCA)
Location:  Lyth Wind Farm, Lyth
Nature of Development:  Construction of a windfarm comprising 10no. wind turbines with a tip height of up to 99.5m, crane hard-standings, access tracks, 64m anemometry mast; control building, buried cables, construction compound and 2 temporary borrow pits.

The Committee NOTED that an appeal had been lodged.  

There being no further business the meeting closed at 3.20 pm.