Agendas, reports and minutes

Minute of Meeting of the South Planning Applications Committee commenced at 10.30 am in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 25 February 2014.

Committee Members Present:

Mr R Balfour (except Items 5.6, 5.7, 5.8 and 6.1), Mr A Baxter, Mr B Clark, Mr J Crawford, Mrs M Davidson, Mr A Duffy (except Item 5.1), Mr D Fallows, Mr J Gray (except item 5.8), Mr M Green, Mr D Kerr, Mr R Laird, Mr B Lobban, Mr C Macaulay, Mr T MacLennan, Mr F Parr, Mr T Prag, Ms J Slater, Mr H Wood

Non-Committee Members Present:

Mr G Ross (observing only)

Officials in attendance:

Mr A Todd, Area Planning Manager South
Mr D Mudie, Team Leader
Ms L Prins, Principal Planner
Mrs S Macmillan, Team Leader
Ms N Drummond, Team Leader
Mr A McCracken, Team Leader
Mr J Danby, Principal Engineer
Mr R Murdoch, Environmental Health Officer
Ms S Blease, Principal Solicitor (Clerk)
Mrs P Bangor-Jones, Administrative Assistant
Mrs A MacArthur, Administrative Assistant

Business

1.  Apologies
Leisgeulan

Apologies were received from Mr J Ford.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

Item 5.8 Mr J Gray – non financial

The Committee AGREED to take Item 6.1 before Item 5.8 

3.  Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

There had been circulated for confirmation the minutes of the Committee meeting held on 21 January 2014. 

Mr A Todd provided Members with an update on Item 5.2 (13/03664/FUL) (PLS/003/14), Erection of 6 business starter units at 20 Lotland Street, Inverness, which had been reported to the South Planning Applications Committee meeting held on 21 January, 2014.

Members were advised that the Scottish Ministers were not minded to call in the application and that the planning authority was authorised to determine the application. It was further confirmed that the decision letter had now been issued to the applicant.

Thereafter, the minutes of the Committee meeting held on 21 January, 2014 were APPROVED.

4.  Major Applications
Iarrtasan Mòra

There had been circulated Report No. PLS-009-14 (92kb pdf) by the Head of Planning and Building Standards which provided a summary of all cases within the “Major” development category, currently with the Planning and Development Service for determination.

In response to questions, it was confirmed that:-

With regard to Thornbush Quay, discussion was ongoing between Highland Council’s engineering consultants and the applicant in terms of the revised flood wall.  An amended application was expected when the detail had been finalised and agreed.
With regard to application 08/00788/OUTIN, the Section 75 related to the roads infrastructure within the Inverness Retail and Business Park, connections from the A96 roundabout, and connections to the campus site.
A case officer would attend an Inverness Central ward business meeting to update local Members with regard to the proposed future developments within the Academy Street area and on the Flood Protection Scheme.
Thereafter, the Committee agreed to NOTE the current position.

5.  Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

5.1

Applicant: Duke of Gordon Hotel (13/00893/FUL) (PLS-010-14 (546kb pdf))
Location: Land adjoining 10 Ruthven Road, Kingussie (Ward 21)
Nature of Development: Erection of industrial building for production and storage of woodchip for biomass boilers
Recommendation: Grant

There had been circulated Report No PLS/010/14 by the Area Planning Manager South recommending that planning permission be granted subject to the conditions recommended in the report.

Mr A McCracken presented the report and recommendation advising also that a further condition could be added to prevent external storage of wood chippings.

During discussion Members commented that:-

• the anticipated noise impact from the chipping operation was a concern but the industrial location and nature of the site meant that a degree of noise was acceptable;
• a condition to prevent the external storage of logs might be reasonable to help alleviate transport issues within the site;
• although the site was within the Cairngorm National Park, the building design was in keeping with the surrounding buildings;
• the lack of a Noise Assessment Survey was a concern; and
• with regard to the chipping facility being operational for six days per year, it was important that measures were in place to ensure that no additional operations took place.
  

In response to a question, it was confirmed that a double skinned building would not have a significant impact on noise reduction and that it was not practical to fit acoustic insulation.

Thereafter, the Committee agreed to GRANT planning permission subject to the conditions recommended in the report with an additional condition to prevent the external storage of wood chippings.

5.2
Applicant: Mr John Mann (13/04363/FUL) (PLS-011-14 (721kb pdf))
Location: Corran Ferry Hotel, Onich, Fort William, PH33 6SE (Ward 22)
Nature of Development: Erection of restaurant and bar
Recommendation: Grant

There had been circulated Report No PLS/011/14 by the Area Planning Manager South recommending that planning permission be granted subject to the conditions recommended in the report.

Mrs S Macmillan presented the report and the recommendation.

During debate Members expressed concerns that the associated car park was not marked and feared this would lead to indiscriminate parking.  Members suggested that an additional condition would be appropriate to ensure that parking spaces in the car park were marked out.

With regard to the demolished historic building which had occupied the site, Members indicated that it was regrettable that no records of the building had been kept.  It was agreed that the planning service would look into means of obtaining photographic records of buildings of interest prior to their demolition.

Thereafter, the Committee agreed to GRANT planning permission subject to the conditions recommended in the report and with an additional condition to ensure that car parking spaces were marked out.

5.3
Applicant: Nevis Estate (13/02546/FUL) (PLS-012-14 (4333kb pdf))
Location: Former Village Hall, East Bay, Mallaig (Ward 12)
Nature of Development: Demolition of former village hall, erection of marina facilities building (comprising toilets, showers and laundry) and retail unit on ground floor, and 2 residential units on first floor (shorebase building); mixed use in separate "Crannog" building with linking deck/terrace; and construction of a jetty
Recommendation: Grant

There had been circulated Report No PLS/012/14 by the Area Planning Manager South recommending that planning permission be granted subject to the conditions recommended in the report.

Ms L Prins presented the report and the recommendation.

During discussion, Members commented as follows:-

• any loss of disabled parking was not ideal and it was vital that care was taken not to disadvantage disabled drivers;
• it was important that the application was considered on its planning merits and it was not possible to take into consideration commercial considerations;
• the exceptional, high quality and innovative design was welcomed and would enhance the neighbourhood, as well as the visitor experience; and
• a financial contribution by the applicant towards improvements of the public toilets provided in the community centre, located near to the main village car park, was appreciated.  Members further noted that the proposed developer contribution was a not a requirement of the application.
  

In response to questions it was confirmed that:-

• with regard to objections which concerned a loss of view, there was no right to a view in planning law; and
• the Harbour Authority had submitted an application for an enhanced promenade along the shore front and it would be possible, if this application were granted, to require that one of the parking spaces be restricted to disabled parking to compensate for the loss of one disabled parking space on the marina facilities building site.
  

Thereafter, the Committee agreed to GRANT planning permission subject to the conditions recommended in the report.

5.4
Applicant: Archial (formerly Davis Duncan) Architects Ltd (08/00692/FUL) (PLS-013-14 (537kb pdf))
Location: Torvean Caravan Park, Glenurquhart Road, Inverness, Highland, IV3 8JL (Ward 14)
Nature of Development: Proposed residential development at Torvean Caravan Park, Glenurquhart Road, Inverness
Recommendation: Refuse

There had been circulated Report No PLS/013/14 by the Area Planning Manager South recommending that planning permission be refused for the reasons recommended in the report.

Ms N Drummond presented the report and the recommendation.

The Committee agreed to REFUSE planning permission for the reasons recommended in the report

5.5
Applicant: Clubhouse Scotland Ltd per Mr Colin Fotheringham (13/04222/FUL) (PLS-014-14 (2463kb pdf))
Location: Claymore House Hotel, 45 Seabank Road, Nairn (Ward 19)
Nature of Development: Redevelopment of hotel
Recommendation: Grant

There had been circulated Report No PLS/014/14 by the Area Planning Manager South recommending that planning permission be granted subject to the conditions recommended in the report.

Ms N Drummond presented the report and the recommendation.

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

5.6
Applicant: Mr J Wotherspoon (13/04717/PIP) (PLS-015-14 (414kb pdf))
Location: Land to South of Cruive Croft, Kinerras, Kiltarlity (Ward 13)
Nature of Development: Erection of dwelling
Recommendation: Grant

There had been circulated Report No PLS/015/14 by the Area Planning Manager South recommending that planning permission in principle be granted subject to the conditions recommended in the report.

Ms N Drummond presented the report and the recommendation.

During debate Members commented as follows:-

• the condition, length and width of the access track was a concern and in winter, conditions would make the track difficult to navigate;
• it was very important to preserve good croft land, given that the district was still an active crofting area;
• with regard to planning policy and the emerging Inner Moray Firth Local Development Plan, Members indicated it was difficult to know which policy was relevant to the application; and
• that to grant planning permission in principle would encourage future development applications along the access track, at the expense of further crofting land.
  

Mrs M Davidson, seconded by Mr D Kerr, then moved that planning permission in principle be refused on the ground that the development would be contrary to Policy 47 as it would lead to unacceptable loss of locally important croft land.

Mr J Gray, seconded by Mr C Macaulay, then moved as an amendment that planning permission in principle be granted subject to the conditions recommended in the report.

On a vote being taken, thirteen votes were cast in favour of the motion and four votes in favour of the amendment as follows:-

Motion
Mr A Baxter, Mr B Clark, Mrs M Davidson, Mr A Duffy, Mr D Fallows, Mr M Green, Mr D Kerr, Mr R Laird, Mr B Lobban, Mr T MacLennan, Mr T Prag, Mr J Slater, Mr H Wood

Amendment
Mr J Crawford, Mr J Gray, Mr C Macaulay, Mr F Parr

The motion to REFUSE planning in principle for the reason stated above accordingly became the finding of the meeting.

5.7
Applicant: Self Storage 4U Ltd (13/04835/FUL) (PLS-016-14 (601kb pdf))
Location: Site B Esso Inverness Remediation Site, Cromwell Road, Inverness (Ward 17)
Nature of Development: Siting of 120 container storage units, portacabin offices, lighting, CCTV, access gates and fencing. Change of use of existing Shell/Esso storage site to container storage
Recommendation: Grant

There had been circulated Report No PLS/016/14 by the Area Planning Manager South recommending that planning permission be granted subject to the conditions recommended in the report.

Ms N Drummond presented the report and the recommendation.

The Committee agreed, subject to prior referral to Scottish Ministers, to GRANT planning permission subject to the conditions recommended in the report.

It had been agreed that Item 6.1 would be taken before Item 5.8  

6.  Decisions of the Scottish Government’s Directorate for Planning and ironmental Appeals, Energy and Climate Change Directorate, and Directorate for Local Government and Communities
Co-dhùnaidhean Ath-thagraidhean do Bhuidheann-stiùiridh Ath-thagraidhean Dealbhaidh is Àrainneachd, Buidheann-stiùiridh Cumhachd agus Atharrachadh Gnàth-shìde, agus Buidheann-stiùiridh Riaghaltas Ionadail is Coimhearsnachdan Riaghaltas na h-Alba

6.1
Applicant: R F More (Properties) Ltd: ENA-270-2007 (171kb pdf) (02/00668/FULIN)
Location: Land at Wester Inshes, Inverness
Nature of Development: Housing development incorporating 49 self-build house plots, 38 terraced houses and 28 semi-detached apartments, including open space and landscaping and the construction of a feeder road.

The Committee NOTED the decision of the Reporter to dismiss the appeal and uphold the enforcement notice.

5.  Planning Applications to be Determined – Continued

5.8
Applicant: Inverness City Apartments Ltd and Highland Homeless Trust Ltd (13/04445/FUL) (PLS-017-14 (1656kb pdf))
Location: Glenurquhart House, 35 Glenurquhart Road, Inverness, IV3 5NZ (Ward 14)
Nature of Development: Change of use from house/holiday accommodation to HMO
Recommendation: Grant

Mr J Gray had declared a non-financial interest in this item as he was related to one of the objectors and left the chamber for the duration of this item.

Mr Colin Macaulay took the chair.

There had been circulated Report No PLS/017/14 by the Area Planning Manager South recommending that planning permission be granted subject to the conditions recommended in the report.

Ms N Drummond presented the report and the recommendation.

During debate Members commented as follows:-

• a suitably qualified supervisor on site 24/7, in shift patterns, reassured Members that the proposed HMO would not have a detrimental impact on local amenity;
• the plans submitted appeared to show no boundaries between the proposed HMO and the rear property and it was hoped that this would be rectified to show a clear delineation between the two buildings;
• with regard car parking to the rear of the building, it was noted that the area was not marked and some Members expressed a wish that to encourage safe parking  the area should be marked;
• with an increased number of occupants and to allay worries over potential anti-social behaviour, the installation of CCTV would be a way to dispel fears of local residents and reduce the risk of unacceptable conduct; and
• concerns were raised that the bin storage should be appropriate for the number of occupants.
  

In response to questions it was confirmed that:-

• there was no increase in the number of bedrooms, rather the existing bedrooms would be upgraded;
• the proposed HMO was the only one within the Glenurquhart Road vicinity and was within the 10% suggested maximum identified in the Supplementary Guidance; and
• no HMO licence would be issued before planning permission had been granted.

In response to concerns raised about safety within the property, the Clerk advised that the suitability of accommodation for use as an HMO was  a licensing consideration and that all potential HMO’s were subjected to a rigorous assessment by the Environmental Health Service prior to a licence being granted.

Following debate it was agreed that the Case Officer would meet with the applicant and Local Members to discuss the need to screen or fence the rear boundary and whether CCTV would be appropriate.  Members clarified however that they did not wish these requirements imposed as additional conditions of the planning permission.

Thereafter, the Committee agreed to GRANT planning permission subject to the conditions recommended in the report.

The meeting ended at 12.55 pm