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 5 August, 2014 at 10.30 am.

Committee Members Present:

Mr D Bremner (except items 1, 2, 3, 4, 5.1, 6.1 and 6.2)
Mrs I Campbell
Mrs G Coghill (except item 6.11)
Mr G Farlow (except items 5.1 and 6.6)
Mr C Fraser (except items 5.1, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 7.1, 7.2 and 7.3)
Mr D MacKay (except item 6.11)
Mrs A MacLean
Mrs I McCallum
Mr D Millar (except item 5.1, 6.3, 6.6, 6.9, 6.10, 6.11, 7.1, 7.2 and 7.3)
Mrs M Paterson
Mr G Phillips (except item 6.3)
Mr I Renwick (except items 6.3 and 6.6)
Mr A Rhind (except items 5.1, 6.4, 6.5, 6.9, 6.10, 6.11, 7.1, 7.2 and 7.3)
Mrs A Sinclair
Ms M Smith (except items 1, 2, 3, 4, 5.1, 6.1, 6.2, 6.4, 6.5 and 6.8)

Officials in attendance:

Mr A Mackenzie, Legal Manager (Regulatory Services) and Clerk
Mr D Jones, Area Planning Manager North
Mr D Mudie, Team Leader, Development Management
Mr M Harvey, Team Leader, Planning
Mr J Danby, Principal Engineer
Ms J Bridge, Senior Engineer
Mrs D Stott, Principal Planner
Ms E McArthur, Principal Planner
Mr B Robertson, Principal Planner
Ms L Stewart, Graduate Planner
Ms W Lindsay, Graduate Planner
Dr S Turnbull, Coastal Planner
Mrs T Bangor-Jones, Administrative Assistant

Business

1.  Apologies
Leisgeulan

Apologies were intimated on behalf of, Mr B Fernie and Mr M Finlayson.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

Item 6.7 – Mr G Farlow –non financial
Item 6.11 – Mrs Coghill – non financial

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 10 June and 14 July 2014 which were APPROVED.

4.  Major Applications
Iarrtasan Mòra

There had been circulated Report No PLN/047/14 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.

In response to questions it was confirmed that:  

• with regard to Kinnairdie Link Road,  a productive meeting had taken place with Network Rail but raised further issues which required to be addressed.  It was hoped that the application would come forward in Autumn 2014;
• the applications for a retail supermarket, Portree (13/03976/PIP) and a wind farm, east of Spittal Hill (13/04559/FUL), were due to come before the September meeting of the Committee for determination; and
• the second Portree supermarket application did not breach the two hectare threshold  which determined if an application was a major application or not.

Thereafter, the Committee agreed to NOTE the Report.

5.  Continued Items
Cuspairean a' Leantain

Mrs I Campbell, Mrs G Coghill, Mr D Mackay, Mrs A MacLean, Mrs I McCallum, Mrs M Paterson, Mr G Phillips, Mr I Renwick and Mrs A Sinclair had attended the meetings on 14 July 2014 and were entitled to take part in this item.  The remaining members left the chamber during determination of this continued item.

5.1
Applicant: Plockton and Kyle Free Church of Scotland (13/03737/LBC) (PLN/048/14)
Location: Land between the Manse and Old Church Court, Innes Street, Plockton (Ward 6)
Nature of Development: 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: Refuse.

There had been circulated Report No PLN/048/14 by the Area Planning Manager recommending that Listed Building Consent be refused for the reason stated therein.

Mr M Harvey presented the Report and the recommendation.

The Committee AGREED the recommendation.

6.  nning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

6.1
Applicant: Tulloch Homes Ltd (12/04641/MSC) (PLN/049/14)
Location: Ness Gap Site, Ness Road, Fortrose (Ward 10)
Nature of Development: Erection of 24 houses and formation of play area (Plots 73 to 96 Area D)
Recommendation: Grant.

6.2
Applicant: Tulloch Homes Ltd (13/01211/MSC) (PLN/050/14)
Location: Ness Gap Site, Ness Road, Fortrose (Ward 10)
Nature of Development: rection of 31 houses (Plots 97 to 127 Areas E and F)
Recommendation: Grant.

The Committee AGREED to take items 6.1 and 6.2 together.

There had been circulated Report Nos. PLN/049/14 and PLN/050/14 by the Area Planning Manager recommending that planning permissions be granted subject to the respective conditions detailed therein.

Ms E McArthur presented the Reports and the recommendations.

In response to questions it was confirmed that: 

• the number of car parking spaces was judged against the national standards in force at the time that Planning in Principal permission was granted;
• there was no specific national guidance with regard to the number of windows allowed in the gable-end of a property but the build had to comply with current Building Standard Regulations; and
• discussion had taken place with regard to the size and site of the play area.  It was further confirmed that an agreement had been reached that the play area would be in place after the sixth house of Phase D had been completed.

Thereafter, the Committee AGREED the recommendations.

The Committee AGREED to take Item 6.3 after Items 6.4 and 6.5

6.4
Applicant: Mrs Rena MacKinnon (14/01423/PIP) (PLN/052/14)
Location: Land 25 m NE of Parkside, Dunhallin, Waternish (Ward 11)
Nature of Development: Erection of house, formation of access and installation of treatment tank
Recommendation: Grant.

6.5
Applicant: Mrs Rena MacKinnon (14/01511/PIP) (PLN/053/14)
Location: Land 45 m SE of 4 Dunhallin, Waternish Isle of Skye (Ward 11)
Nature of Development: Erection of house, formation of access and installation of treatment tank
Recommendation: Grant.

The Committee AGREED to take Items 6.4 and 6.5 together.

There had been circulated Report Nos. PLN/052/14 AND PLN/053/14 by the Area Planning Manager recommending that planning permissions be granted subject to the respective conditions detailed therein.

Mr M Harvey presented the Reports and the recommendations.

During discussion Members commented as follows:-  

• concern was expressed over the access onto a busy and narrow road, especially between March and October, the tourist season;
• the proposed developments would exacerbate the fragile condition of the public road network in and around the proposed development. It was further commented that, if it was possible to restrict heavy construction lorries by a weight restriction condition, that would be beneficial.  

In response to questions it was confirmed that: 

• the access issue raised in the application was not a junction between two public roads but was the access that would be formed off the smaller public road.  In this regard, the new access formation would incorporate a passing place and so was judged to have made an improvement to the public road network directly affected by the development;
• it was possible to request that the Roads Team investigate the possibility of imposing a weight restriction on the single track road running from the B886; and
• with regard to damage to a public road, the Council, under Section 96 of the Roads (Scotland) Act 1984, reserved the right to recover costs for repairing damages to public roads when the damage could be attributed to construction work related to development

Thereafter, the Committee AGREED:  

1. with regard to item 6.4 (14/01423/PIP) to agree the recommendation and to ask Roads to look at imposing a weight restriction on the single track road running from the B886 public road; and
2. wth regard to item 6.5 (14/01511/PIP) to agree the recommendation.

6.3
Applicant: Pat Munro (Alness) Ltd (14/01119/FUL) (PLN/051/14)
Location: Newfield North, Alness (Ward 7)
Nature of Development: Erection of 70 houses and associated roads, infrastructure and open space
Recommendation: Grant.

There had been circulated Report No PLN/051/14 by the Area Planning Manager recommending that subject to the prior conclusion, within 4 months of a section 75 Agreement to secure the provision of 25% affordable housing and a contribution of £8,000 towards the provision of bus shelters and real time information on Obsdale Road, to grant planning permission subject to the conditions detailed therein. In the event that the section 75 Agreement is not concluded within 4 months, unless extended by agreement if conclusion is near with the Planning Authority, then the application would be refused for the reason stated in the Report.

Mrs D Stott presented the Report and the recommendation.

During discussion Members commented as follows:-  

• this was a welcome development in Easter Ross as additional good quality housing stock was required. It was further commented that the proposed public park with a network of paths, open parkland,  landscaped areas and play areas would contribute to the general  high quality character of the proposed development;
• it was preferable that the allocated plots for affordable housing were sited within the development site and not at another location yet to be determined;
• it was hoped that the Real Time Information system would be extended to encourage the use of public transport; and
• it was essential to ensure the safety of children and pedestrians by the use of all necessary traffic calming measures possible.  

In response to questions it was confirmed that:-  

• with regard to the architectural detail of the proposed housing, the houses are a modern design but with what was described as traditional in proportion, massing and fenestration with the overall look less fussy than the previous phases;
• Supplementary Guidance was adopted in March 2013 which required

Public Art to be delivered on a development with 50 or more dwellings;

• two bus shelters with Real Time Information were to be provided on Obsdale Road. It was further confirmed that the cost of an extended bus service was investigated and was considered to be disproportionate to the scale of the development. The developer was aware that as the development expanded there would be a need to extend the bus service ;
• a Road Construction Consent agreement would be required before construction of roads, which included access/egress and footways, commenced.  It was further confirmed that the process would address road calming measures;
• a minimum of two parking spaces was to be provided for each house.  It was further confirmed that a garage did not count towards parking spaces;
• with regard to the small slivers of new landscaped areas, a detailed Landscape Plan had been provided which confirmed that plots 40-42 and 82 would have their gardens extended to the boundary of the plot;
• it was policy that all new residential developments would be designed to accommodate a 20 miles per hour speed limit.  Extensive discussion with the developer had been undertaken to this end;
• with regard to play areas, Condition 8 was there to comply with the Residential Development Supplementary planning guidance; and
• the council had not intended to adopt the play areas but play areas would be covered by a factoring agreement.

Thereafter, the Committee AGREED the recommendation subject to the Council’s legal expenses in connection with the section 75 Agreement being paid by the Applicant.

6.6
Applicant:  Mr Brian Logue (14/01806/PIP) (PLN/054/14)
Location:  Land to East of Guithsach, Lamington, Invergordon (Ward 8)
Nature of Development:  Erection of House (Renewal 11/00780/PIP)
Recommendation:  Grant.

Mr G Farlow declared a non-financial interest in this item and left the chamber during determination of this item.

Reasons: he had voted against a previous application on this site and was a friend of one of the objectors.

There had been circulated Report No PLN/054/14 by the Area Planning Manager recommending that planning permission be granted subject to the conditions detailed therein.

Mr D Jones presented the Report and the recommendation.

The Committee AGREED the recommendation.

6.7
Applicant: Mr Edward Bernard (14/01830/FUL) (PLN/055/14)
Location: Land 80 m SE of An Tigh Maiseach, 3 Skinidin, Dunvegan (Ward 11)
Nature of Development: Erection of a single dwelling house with septic tank and soakaway
Recommendation: Grant.

There had been circulated Report No PLN/055/14 by the Area Planning Manager recommending that planning permission be granted subject to the conditions detailed therein.

Mr M Harvey presented the Report and the recommendation.

During discussion Members generally welcomed the application and the opportunity to review the Local Development Plan in 2015.

In response to questions it was confirmed that:- 

• the Local Development Plan was to be reviewed in 2015 and the local settlement area boundaries would be discussed as part of the review;
• the development was covered by Policy 36 of the Highland wide Development Plan. It was further confirmed that Policy 36 required a higher degree of scrutiny and supported development proposals which were not significantly detrimental in terms of landscape and visual impact on the development area;
• Scottish Water was expected to object if the site could not be serviced;
• due to the location there had been a need for a strong, architectural design and that a one and half storey was more suited to the prominent gateway location; and
• the applicant owned the site.

Thereafter, the Committee AGREED the recommendation.

6.8
Applicant: Scottish Salmon Company (14/01868/S42) (PLN/056/14)
Location: Site North West of Sgeir Dughall, Loch Torridon, Diabaig, Torridon (Ward 6)
Nature of Development: Operation of a marine fish farm (Atlantic salmon) without compliance with Condition 5 of planning permission 11/04228/FUL relating to a ten year time limit
Recommendation: Refuse.

There had been circulated Report No PLN/056/14 by the Area Planning Manager recommending that Committee refuse planning permission for the reasons detailed therein.

Dr S Turnbull presented the Report and the recommendation.

During discussion Members commented it was imperative that Condition 5 was not removed at this stage as compliance with  Policy 50 of the Highland wide Local Development Plan could not be assured.

In response to a question it was confirmed that the Scottish Salmon Producers Organisation provided the data that sea-lice levels in of Loch Torridon were 24 times the industry target for fish within the cages. With regard to the treatment of fish within farm cages, the trigger for treatment was half a louse.

Thereafter, the Committee AGREED the recommendation.

6.9
Applicant: Highlands Unbridled (14/02059/FUL) (PLN/057/14)
Location: Keeper’s Cottage, Strathsteven, Brora, KW9 6NL (Ward 5)
Nature of Development: Change of use of land for business use (pony trekking centre), formation of vehicular access, installation of portacabin
Recommendation: Grant.

There had been circulated Report No PLN/057/14 by the Area Planning Manager recommending that planning permission be granted subject to the conditions detailed therein.

Mr B Robertson presented the Report and the recommendation.

During discussion Members commented as follows: 

• it was important to recognise the economic benefit to both Sutherland and the wider Highlands.
• that the section of A9 both north and south of the access was dangerous due to the various blind spots and bends.  The unloading/loading and movement of horses near and on the A9 raised serious health and safety issues;
• it was necessary to maintain good neighbour relations as part of a well-run business;
• was the support of the landowner, Sutherland Estates, not required; and
• concern was raised over the welfare of the horses, in particular there was unease with regard to the lack of grazing, mounting and dismounting and traffic movement as residents use the access track.  

In response to questions it was confirmed that:  

• with regard to planning ownership of the land was irrelevant to the process;
• the premises had operated as a riding establishment since a licence was granted on 29 April 2009.  It was further verified that the establishment was inspected yearly by a vet with an equine specialism;
• no formal response had yet been received from Brora Community Council;
• the application before Members had been the culmination of longstanding negotiations over a significant period of time; and
• if the application was refused the business would be operating without planning permission and the applicants would be able to appeal the refusal.

Mr Phillips, seconded by Mr D Mackay, moved that planning permission be refused on the following grounds:  

• the continued use of the site as a commercial riding establishment will have a significant negative impact on the residential amenity of the properties situated to the east of Keepers’ Cottage on the same access track, contrary to Policy 28 of the Development Plan and interferes with the ability of people to move safely and conveniently within the development and to facilities in other parts of the settlement, contrary to Policy 29 of the Development.

Mrs A MacLean, seconded by Mrs M Smith, moved as an amendment that the recommendation be agreed.

On a vote being taken, five votes were cast in favour of the motion, seven votes in favour of the amendment and one abstention as follows:

For the Motion (5)
Mrs I Campbell
Mrs G Coghill
Mr D Mackay
Mrs I McCallum
Mr G Phillips

For the Amendment (7)
Mr G Farlow
Mr C Fraser
Mrs A MacLean
Mrs M Paterson
Mr I Renwick
Mrs A Sinclair
Mrs M Smith

Abstention (1)
Mr D Bremner

The amendment therefore became the finding of the meeting and the recommendation was AGREED. The Committee further AGREED an additional condition requiring separation between vehicles and horses and that all assembling of horses and mounting/dismounting take place in the field.

6.10
Applicant: Compass Construction per Bracewell Stirling (14/02283/FUL) (PLN/058/14)
Location: 38 Fleming Way, Invergordon, IV18 0LU (Ward 7)
Nature of Development: Formation of temporary site compound for the contractor during construction work on adjacent development (13/04495/FUL).  The site compound will house welfare cabins, parking and storage of materials.
Recommendation: Grant.

There had been circulated Report No PLN/058/14 by the Area Planning Manager recommending that planning permission be granted subject to the conditions detailed therein.

Mr D Jones presented the Report and the recommendation.

Thereafter, the Committee AGREED the recommendation.

6.11
Applicant: RWE Renewables Ltd (14/02480/S42) (PLN/059/14)
Location: Land at Bad A Cheo, Achkeepster, Spittal, Caithness (Ward 4)
Nature of Development: Construction of a 13 wind turbine (105 m to blade tip) wind farm (Bad a Cheo Wind Farm) without compliance with Condition 23 of permission PPA-270-2098 (12/02868/FUL) requiring the relocation of the WW2 Flying Fortress Memorial.
Recommendation: Grant.

Mrs G Coghill declared a non-financial interest in this item and left the chamber during determination of this item.

Reason: she had been a member of the Community Council who had lodged an objection.

There had been circulated Report No PLN/059/14 by the Area Planning Manager recommending that planning permission be granted subject to the provisos detailed therein.

Mr D Mudie presented the Report and the recommendation.

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: (12/04043/LBC)(LBA-270-2003)
Location: 7 Campbell Street, Thurso
Nature of Development: Listed building consent.

The Committee NOTED that the appeal had been dismissed.

7.2 Applicant: (12/04062/FUL) (PPA-270-2104)
Location: 7 Campbell Street, Thurso
Nature of Development: Listed building consent.

The Committee NOTED that the appeal had been dismissed.

7.3 Applicant: (13/02682/FUL)
Location: Land 978 m SE of 2 Lochend Holding, Barrock, Caithness
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.

The Committee NOTED that an appeal had been lodged.

The meeting closed at 1335.