Agendas, reports and minutes

Minute of meeting of the North Planning Applications Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 10 June, 2014 at 10.30 am.

Committee Members Present:

Mrs I Campbell, Mr D Bremner (items 6.11 – 7.1 only), Mrs G Coghill, Mr B Fernie, Mr M Finlayson, Mr C Fraser, Mr D MacKay (excluding items 6.1 and 6.7), Mrs A MacLean, Mrs I McCallum, Mr D Millar (excluding item 6.7), Mrs M Paterson, Mr G Phillips, Mr I Renwick, Mrs A Sinclair, Ms M Smith and Mr J Stone (substitute for Mr A Rhind).

Officials in attendance:

Mr A Mackenzie, Legal Manager (Regulatory Services) and Clerk
Mr D Jones, Area Planning Manager North
Ms D Stott, Principal Planner
Mr K McCorquodale, Principal Planner
Mr D Barclay, Planner
Mr C Stewart, Area Roads and Community Works Manager
John Danby, Principal Engineer
Jane Bridge, Senior Engineer
Mrs A MacArthur, Administrative Assistant
Mrs T Bangor-Jones, Administrative Assistant

Business

Mrs Isobel 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, Mrs M Paterson and Mr A Rhind.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

There were no declarations of interest.

3.  Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

There had been submitted for confirmation as a correct record the minute of the meeting of the committee held on 29 April 2014 which was APPROVED.

4.  Major Applications
Iarrtasan Mòra

There had been circulated Report No PLN/037/14 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.

Members had the following concerns:

• Why had the Tesco development in Thurso not appeared on the Report?  The community were disappointed at the condition of the site.
• Had a date been set for the meeting with Network Rail for the Kinnairdie Link Road?  
• In connection with the land at Wyndhill, Muir of Ord a meeting had been scheduled for 4 June 2014. Could an update be given as the community wanted to progress the square to square footpath and cycle link?
• The Portree Non-Food Retail Supermarket wording was unfortunate as, it was understood the applicant was more than happy to supply information.  Phase 1 was to be considered separately;
• On page four of the plans the Supermarket in Portree had no written explanation given for any progress;
• Was there any progress on the Kylerhea project?
• In respect of the Memorial Field in Avoch, it was noted that significant progress had been made on the Section 75 Agreement.  If the Section 75 Agreement was not resolved by the end of July could this be brought back to committee in August 2014?

Mr K McCorquodale advised that Tesco had withdrawn their recent application and that the previous application remained valid as works had commenced on site.  An e-mail explaining the situation had been sent to the local Members.  The Chair advised Mr MacKay to speak to Mr D Baldwin who would explain the situation.  The second issue on the state of the site was something that Mr Jones could take up with the developers.

Mr D Jones advised that a meeting would take place within the next 2-3 weeks in relation to the Kinnairdie Link Road.

With reference to the Wyndhill application, a meeting had been held last week and the developers had been advised that there was an emerging Development Plan coming forward with objections to the allocation.  The application would be sisted pending resolution of this position.

Mr D Jones stated that page four advised of notification only and was a listing of major applications subject to consultations only.

Mr D Jones was not aware of any progress on the Kylerhea project but a decision was expected by June 2014.

The Section 75 agreement for the Memorial Field in Avoch was making good progress but if the matter was not concluded by the end of July it would be brought to Committee in August.

The Committee NOTED the Report.

5.  Continued Items
Cuspairean a' Leantain

5.1  Applicant:  Plockton and Kyle Free Church of Scotland (13/03736/FUL and 13/03737/LBC) (PLN/032/14)
Location:  Land between the Manse and Old Church Court, Innes Street, Plockton (Ward 6)
Nature of Development:   Erection of a 2 ½ storey building, divided into 2 flats and a listed building application to form an opening in a wall and re-align wall adjacent to proposed improved vehicle access from Bank Street.
Recommendation:  Grant.

There had been circulated Report No PLN/032/14 by the Head of Planning and Building Standards recommending the grant of the application subject to the conditions detailed therein.

The site visit scheduled for 9 June 2014 had been postponed as the Objectors and Applicants had not been informed and the Committee AGREED:

1. To hold a site inspection at 11.00 am on Monday 14 July 2014; and
2. To determine the application at a meeting of the Committee to be held in Plockton, if possible, immediately after the site inspection. 

6.  Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

6.1  Applicant: Mr Danny Miller (14/01082/S42) (PLN/038/14 Part 1 | PLN/038/14 Part 2 | PLN/038/14 Part 3 | PLN/038/14 Part 4 | PLN/038/14 Part 5 |  PLN/038/14 Part 6 | PLN/038/14 Part 7)
Location: Bilbster Mains Farm, Wathegar, Bilbster, Wick (Ward 4)
Nature of Development: Application for non-compliance with Condition 1 of Planning Permission 11/03671/FUL for a 9 turbine wind farm (18 MW) and associated infrastructure at Wathegar, Bilbster
Recommendation: Grant.

There had been circulated Report No PLN/038/14 by the Head of Planning and Building Standards recommending the grant of the application subject to the conditions detailed therein.

Mr K McCorquodale advised the Committee that should it be minded to approve this application, a request had been made to re-issue the permission to allow a slightly longer period of time before the commencement of development.

Members had the following concerns:

• The permission had been granted in 2012 and it had taken a long time to come back to Committee to ask for a new condition;
• Turbines were more prominent position but the reduction in noise would be welcomed.
• Clarification on condition 2, 2, regarding the operational period of the wind farm;

Mr K McCorquodale stated that connection to the grid would be in 2016 so the developers still had adequate time to build the turbines.  Turbines had improved and although it was a bigger turbine it would emit less noise.  Planning permission was granted for a temporary period of 25 years and after this time the developer would either have to re-apply or decommission the site.

The Committee AGREED the recommendation and to re-issue the planning permission accordingly.

6.2  Applicant:  SSE Generation Ltd (SSEG) (07/00263/S36SU) (PLN/039/14 Part 1 | PLN/039/14 Part 2 | PLN/039/14 Part 3 | PLN/039/14 Part 4 | PLN/039/14 Part 5 | PLN/039/14 Part 6 | PLN/039/14 Part 7 | PLN/039/14 Part 8)
Location:  Strathy South, Strathy Forest, Strathy, Sutherland (Ward 1)
Nature of Development: Wind farm (potentially 160 MW) consisting of 47 turbines, max tip height of 135 m, access tracks, temporary borrow pits, anemometer masts, control building, switching station and underground cabling.
Recommendation: Raise no objection (subject to the removal of 8 turbines).

There had been circulated Report No PLN/039/14 by the Area Planning Manager recommending that the Council raise no objection to the application subject to the conditions detailed therein.  This would be on the understanding that the changes advanced by the applicant are secured to exclude turbines 51, 55 (not 52 as stated in the Report), 62, 63, 68, 73, 74 and 76 together with associated access tracks, and that only the eastern-most access road option across the river Strathy is deployed.

Mr K McCorquodale advised of the following updates to the Report:

• the recommendation should be amended from turbine 52 to turbine 55; the correct turbine had been circled on the circulated plan;
• in terms of public participation the level of objections had not been properly conveyed and these were defined;
• A petition had been received for objections to Strathy South and Strathy Wood combined;
• Strathy Community Council now supported the application and Bettyhill Community Council had withdrawn their objection and now also supported the application; and
• The Salmon Fishery Board had removed their holding objection following condition.

Members had the following concerns:  

• The site was surrounded by designated areas and was in an area of significant natural beauty;
• In assessing this application against the Highland-wide Development Plan, conflicts were apparent within the policies relating to Nature Conservation and Ornithology;
• A public local inquiry where important matters could be heard and allow for the appropriate level of scrutiny would be preferable;
• Sympathy with SNH for the removal of four turbines namely 35, 36, 39 and 41.  These turbines appear to sit as a separate development;
• SNH concerns over peat landslide issues;
• RSPB and their objection in relation to the harm to a range of bird species. 

Mr K McCorquodale stated that at the time the surrounding land had been designated this particular piece of land had been excluded.  The peat slide risk was minimal on this site and the impact could be managed by condition.

Mr C Fraser, seconded by Mrs A Sinclair moved that the Committee raise an objection on the basis of the concerns highlighted in the objections raised by Scottish Natural Heritage, thereby the proposal was contrary to the Council’s Highland-wide Local Development Plan, Policies 57 (Natural, Built and Cultural Heritage) and 67 (Renewable Energy)

Ms M Smith, seconded by Mr D Mackay moved as an amendment that the Committee agree the recommendation to raise no objections.

For the Motion (12)

Mrs I Campbell
Mr D Bremner
Mrs G Coghill
Mr M Finlayson
Mr C Fraser
Mrs A MacLean
Mrs I McCallum
Mr D Millar
Mr G Phillips
Mr I Renwick
Mrs A Sinclair
Mr J Stone

For the Amendment (3)

Mr D MacKay
Mr B Fernie
Ms M Smith

The motion therefore became the finding of the meeting and the Committee AGREED to object to the application on the basis of the concerns highlighted in the objections raised by Scottish Natural Heritage, thereby the proposal was contrary to the Council’s Highland-wide Local Development Plan, Policies 57 (Natural, Built and Cultural Heritage) and 67 (Renewable Energy).

6.3  Applicant:  Mr A McNab (14/00900/FUL) (PLN/040/14)
Location:  4 Langley Park, Wick, KW1 5LD (Ward 3)
Nature of Development: Extension of existing office-annexe to form detached “granny-flat”
Recommendation: Grant.

There had been circulated Report No PLN/040/14 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

Members had the following concerns:  

• Could this be altered by the applicant to a one bedroomed flat and sold separately from the house?

Mr D Barclay advised that the application had been assessed and conditions attached for a “granny-flat”. If the use was to change to a separate one- bedroomed flat then planning permission would have to be sought and the application assessed accordingly.

The Committee AGREED the recommendation.

6.4  Applicant: Holborn Head Farm per Mr Adrian Brunner (13/02576/FUL) (PLN/041/14)
Location: Land 275 m North of Farm Cottage, Holbornhead, Scrabster (Ward 2)
Nature of Development: Erection of 2 No 6 KW wind turbines, with height to tip of 17.98 m, height to hub of 15.18 and rotor diameter of 5.6 m.
Recommendation: Grant.

There had been circulated Report No PLN/041/14 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

The Committee AGREED the recommendation.

6.5  Applicant: Gairloch and Loch Ewe Action Forum (14/00214/FUL) (PLN/042/14)
Location:  The Gale Centre, Gairloch, IV21 2BH (Ward 6)
Nature of Development: Part change of use of building to form café (Retrospective)
Recommendation: Grant.

There had been circulated Report No PLN/042/14 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

The Committee AGREED the recommendation.

6.6  Applicant: Kyle of Sutherland Youth Development Group (14/00838/FUL) (PLN/043/14)
Location: South Bonar Industrial Estate, Ardgay (Ward 1)
Nature of Development: Erection of community centre with café facilities
Recommendation: Grant.

There had been circulated Report No PLN/043/14 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

Members had the following concerns:  

• Was there cycle storage at this development?

Mr Jones stated that there was ample space for cycle storage and a footnote could be added to any consent.

The Committee AGREED the recommendation with an additional footnote regarding cycle storage.

6.7  Applicant: Strathpeffer Community Council (13/03899/FUL) (PLN/044/14)
Location: Former Strathpeffer – Fodderty Railway Line (Ward 6)
Nature of Development: Installation of railway line, formation of operation base and parking area
Recommendation: Grant.

There had been circulated Report No PLN/044/14 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

The Committee AGREED the recommendation.

6.8  Applicant: Pat Munro (Alness) Ltd (14/00539/FUL) (PLN/045/14)
Location: Novar Estate, Evanton (Ward 7)
Nature of Development: Sand and gravel working
Recommendation: Grant.

There had been circulated Report No PLN/045/14 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

Members had the following concerns: 

• Could the pavement be extended to the village to lessen any conflict between people, cyclists and cars;
• White lining of road onto B517 should be reinforced with the increased traffic;  There was a dip in the road at Alness and it would also require signage;
• The junction at Skiach may need attention due to the increase in traffic and a traffic assessment was requested;
• The existing road into the quarry had a lot of potholes and dust - could this road be tarmacked or a maintenance programme with water bowsing would assist to keep the dust issue down.
• Water run-off from the site should be dealt with;
• Would the quarry stop at the agreed limit and how would it be monitored;

Mrs D Stott stated that no points had been highlighted by Transport Scotland or Community Works.  There would be a maximum of 50 vehicles per day.  The access was of reasonable quality.  The marking and signage would be done for the cycle route upgrade.  The applicant could look at a dust management plan.  SEPA had no concerns about water run-off.  This was a dry quarry above the water table and shouldn’t impact on the water table.

Mr C Stewart would impress upon Traffic Scotland that there was a need for a traffic survey due to the increase in traffic.  Pavement works would be carried out as part of the cycle way.  White lining had been programmed and work had started.  The original report had requested that the access road be tarmac but the planning committee at that time had removed that condition.  The signage would be looked at.

Mrs D Stott would write to Transport Scotland to request a traffic survey at the Skiach junction.

The planning permission was for a set area and amount of tonnage and if more was to be removed a new planning permission would be required.

The Committee AGREED:  

1. Subject to the prior conclusion, within 4 months, of a section 75 Agreement to secure a Restoration Bond and Developer Contribution, to grant subject to the conditions as recommended.  In the event that the section 75 Agreement is not concluded within 4 months then the application would be refused for the reason stated in the Report;
2. The section 75 Agreement allow for 3 yearly reviews of the requirements for restoration and reinstatement; and
3. That Transport Scotland be requested to conduct a survey of the Skiach junction.

6.9  Applicant:  Mr Sandy Macrae (14/00629/FUL) (PLN/046/14 Part 1 | PLN/046/14 Part 2 | PLN/046/14 Part 3)
Location:  Former Coire Church, Torridon (Ward 6)
Nature of Development:  Change of use and erection of extension of church to form house and erection of boathouse
Recommendation:  Grant.

There had been circulated Report No PLN/046/14 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

The Committee AGREED the recommendation  with an additional condition 8 as follows:

“No development shall commence until the new footpaths shown on drawing 194/002/RevB have been constructed in accordance with the details specified on this drawing.

Reason: To maintain public rights of way.”

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:   (13/01832/FUL) (PPA-270-2101)
Location:  Lyth Windfarm, Lyth, Wick
Nature of Development:  Construction of a windfarm comprising 10 No wind turbines with a tip height of up to 99.5 m, crane hard-standings, access tracks, 64 m anemometry mast; control building, buried cables, construction compound and 2 temporary borrow pits

The Committee NOTED that the appeal had been dismissed.

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