Agendas, reports and minutes

Minutes of Meeting of the Planning Review Body held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Wednesday, 13 August 2014 at 10.30 am.

Present:

Mr T Prag, Dr D Alston , Mr G Farlow, Mrs I Campbell, Mr N Donald, Mr D Fallows (Items 5.4 and 5.5 only), Mr R Saxon. Dr A Sinclair

In Attendance:

Mr P Adams, Solicitor/Clerk
Mr D Polson, Independent Planning Adviser to the Planning Review Body
Ms L Lee, Committee Administrator 

Mr T Prag in the Chair

Preliminaries

The Chairman confirmed that the meeting would be webcast, and gave a short briefing on the Council’s webcasting procedure and protocol.

Business

1. Apologies for Absence
Liesgeulan

An apology for absence was received from Mrs I McCallum.

2. Declarations of Interest 
Foillseachaidhean Com-pàirt

Items 5.1 and 5.2 – Dr D Alston (non-financial)

3. Minutes of Meeting of 18 June, 2014

The Minutes of Meeting held on 18 June, 2014, copies of which had been circulated, were APPROVED.

4. Criteria for Determination of Notices of Review

The Clerk confirmed that, for all items on the agenda, Members had contained in their Booklets all information as supplied by all parties to the Notice of Review. Members needed to assess each application against the development plan and all relevant material considerations, taking account of the documents lodged by the applicant and interested parties, and to decide whether the application accorded with or was contrary to the development plan. Having carried out that assessment, Members needed to decide if the weight attached to material considerations added to or outweighed their assessment of the application against the development plan.

The Clerk also confirmed that Google Earth and Streetview could be used during the meeting; Members were reminded of the potential limitations of using these systems in that images may have been captured a number of years ago and may not reflect the current position.

5. New Notices of Review to be Determined

5.1 Change of Use and Extension of Steading Building to form House (Planning Permission) at Former Steading, 40m South West of The Old Manse, Manse Brae, Rosemarkie – Mr and Mrs Duffy, 14-00013 (RB-23-14)

Declaration of Interest – Dr D Alston declared a non-financial interest in this item on the grounds that he was a local Member for Ward 10, Black Isle, and therefore not permitted to participate in the determination of the Notice of Review. He was absent from the Chamber for this item.

There had been circulated Notice of Review 14-00013 for the change of use and extension of steading building to form house at the Former Steading, 40m South West of The Old Manse, Manse Brae, Rosemarkie, for Mr and Mrs Duffy.

Preliminaries

The Review Body NOTED the Clerk’s confirmation that this was a valid and competent Notice of Review, his advice with regard to the way the Review should be determined (item 4 above refers), and that the applicant had requested a site inspection. Following brief discussion, the Review body AGREED that its requirement for information had been satisfied by the Notice of Review documentation contained in Booklet A of the agenda papers and that a site inspection was not required.

Debate and Decision 

Having considered the supporting paperwork the Planning Review Body discussed the Notice of Review.

The Chairman summarised that the key issue was the reasonableness of the Planning Officer’s condition that the existing access to the Manse be permanently blocked up by means of a wall or solid fence, for road safety reasons.

Points raised in discussion included: the potential for the access to continue to be used if it were permanently blocked; visibility splays from the original access, particularly to the right; and the feasibility of monitoring and enforcing alternative options to a wall or fence, such as a permanently locked gate. The Review Body was advised that should it be minded to amend Condition 1 of the Decision Notice to allow a gate, an informative could be added to the condition making it clear that, for road safety reasons, the access was not to be used; that the provision of hardstanding within the curtilage to facilitate access via the gate would in any event require planning permission due to the Listed status of the property; and that should a dropped kerb be required, permission would have to be sought from the Council.

The Review Body PARTIALLY UPHELD the Notice of Review on the grounds of reasonableness, and AGREED that Condition 1 of the Decision Notice be amended to require the installation of a gate rather than a wall or solid fence; with details to be provided for the prior agreement of the planning Authority; and that the wording of the informative, as outlined above, be delegated to officers in consultation with the Chair.

5.2 Erection of House on Land to the South West of Rowan Cottage, Bogallan, North Kessock - Mr D Ritchie 14-00014 (RB-24-14)

Declaration of Interest – Dr D Alston declared a non-financial interest in this item on the grounds that he was a local Member for Ward 10, Black Isle, and therefore not permitted to participate in the determination of the Notice of Review. He was absent from the Chamber for this item.

There had been circulated Notice of Review No. 14-00014-Ritchie for the erection of a house on land to the South West of Rowan Cottage, Bogallan, North Kessock, for Mr D Ritchie.

Preliminaries

The Review Body NOTED the Clerk’s confirmation that this was a valid and competent Notice of Review, his advice with regard to the way the Review should be determined (item 4 above refers), and that the applicant had suggested a site inspection. Following brief discussion, the Review body AGREED that its requirement for information had been satisfied by the Notice of Review documentation contained in Booklet B of the agenda papers and that a site inspection was not required. The Chairman expressed his appreciation for the high standard of submission of the Notice of Review.

Debate and Decision 

Having considered the supporting paperwork the Planning Review Body discussed the Notice of Review.

The Chairman summarised that the key issue was whether or not the existing settlement pattern at Bogallan could be considered a housing group. A secondary issue was whether, should planning permission be given, the area would then become a housing group.

In discussion a variety of views on a range of issues was expressed, including: whether the housing pattern could be considered a group as defined in the supplementary guidance, and if not, whether the house would nonetheless be acceptable; whether Bogallan could be considered a settlement; the rural setting; the potential for future applications for infill housing should this permission be granted; and the need for the Review Body decisions to be consistent.

No consensus having been reached between the Members, the Chairman, seconded by Mr N Donald, moved that the Notice of Review be DISMISSED on the grounds as set out in the Planning Officer’s decision notice. As an amendment, Dr A Sinclair, seconded by Mrs I Campbell, moved that the Notice of Review be UPHELD, on the basis that the proposal was not contrary to Policy 35 of the Highland-wide Local Development Plan, the Ross and Cromarty East Local Plan (as remained in force) and the emergent Inner Moray Firth Local Development Plan and the Supplementary Guidance: Housing in the Countryside and Siting and Design; and that it formed a housing group and did not set a precedent; subject to conditions being delegated to officers in consultation with the Chair.

There being no further amendments, the matter was put to the vote with votes being cast as follows:

Motion (4): Mr T Prag, Mr G Farlow, Mr N Donald and Mr R Saxon

Amendment (2): Dr A Sinclair and Mrs I Campbell

Abstentions (0)

The Review Body DISMISSED the Notice of Review on the grounds as set out in the appointed officer’s decision notice.

5.3 Erection of House on Land 185m North West of The Flat, Samalaman House, Glenuig, Lochailort – Clegg, 14-00016 (RB-25-14) 

There had been circulated Notice of Review 14-00016 - Clegg for erection of a house on land 185m North West of The Flat, Samalaman House, Glenuig, Lochailort for Mr and Mrs Clegg.

Preliminaries

The Review Body NOTED the Clerk’s confirmation that this was a valid and competent Notice of Review, his advice with regard to the way the Review should be determined (item 4 above refers), and that the applicant had suggested a site inspection. Following brief discussion, the Review Body AGREED that its requirement for information had been satisfied by the Notice of Review documentation contained in Booklet C of the agenda papers and that a site inspection was not required. The Chairman expressed his appreciation for the high standard of submission of the Notice of Review.

Debate and Decision

Having considered the supporting paperwork the Planning Review Body discussed the Notice of Review. Prior to discussion, the Independent Planning Adviser gave an explanation of the National Scenic Area and European Protected Species designations, and the implications of these with regard to the proposals. Clarification was also given that the additional information submitted by the applicant provided background only, and could not be given weight as a material consideration in terms of the issues the Review Body must consider.

The Chairman summarised that the key issues for consideration were the impact on woodland and the prominence of the site. It would not be appropriate to impose a Section 75 requiring that the proposed house be used for a particular purpose – the application must therefore be considered solely on the basis of whether the site was appropriate.

Members viewed Google Earth to gain additional understanding of the lie of the land, the tree cover and the position of the proposed house and driveway. Points raised in discussion included that there was an existing estate house which could be used for estate management if the estate so chose; there were other options available to provide a new house site if it was considered necessary; and that whilst the birch trees might not be ancient woodland they were nonetheless mature and a visual and environmental asset. Members expressed particular concern that the proposed driveway would mean the loss of a large number of trees.

The Review Body DISMISSED the Notice of Review on the grounds as set out in the appointed officer’s decision notice.

5.4 Erection of House on Land 300m South West of West Lodge, Roshven, Glenuig – Ross, 14-00017 (RB-26-14)

There had been circulated Notice of Review 14-00017- Ross for the erection of a house on land 300m South West of West Lodge, Roshven, Glenuig for Mr B Ross.

Preliminaries

Having NOTED the Clerk’s confirmation that this was a valid and competent Notice of Review, and his advice with regard to the way the Review should be determined (item 4 above refers), the Review Body AGREED that its requirement for information had been satisfied by the Notice of Review documentation contained in Booklet D of the agenda papers. The Chairman expressed his appreciation for the high standard of submission of the Notice of Review. Members also viewed Streetview to gain additional understanding of the lie of the land, the access tracks, and the locations of nearby buildings including the agricultural building referred to in the papers, and sites where planning permission for housing had been approved but construction had not yet commenced.

Debate and Decision 

Having considered the supporting paperwork the Planning Review Body discussed the Notice of Review.

The Chairman summarised that the key issue was whether the siting of the proposed house was acceptable in that it was higher up the hill than the existing housing line.

In discussion consideration was given to the elevated position of the proposed house and the open landscape; the appropriateness of the existing settlement boundary; the housing pattern; and whether approval of the proposals would pre-empt the review of the Development Plan, - the review would give proper and strategic consideration to the development of the Roshven area and therefore the appropriateness of the site, as pointed out in the appointed officer’s report on handling.

Whilst there was not full agreement, in particular the Chair expressing concerns relating to the potential pre-empting of the Development Plan review, the Review Body on balance UPHELD the Notice of Review on the grounds that the proposal was not contrary to Policies 28 and 36 of the Highland-wide Local Development Plan and the Housing in the Countryside Supplementary Guidance, as it did fit sympathetically into the landform and settlement pattern and was therefore not contrary to national planning policy. It was not considered that it would be significantly detrimental to nor unacceptably erode the wild and rugged mountainous backdrop to the landscape, and it was not to the detriment of the National Scenic Area; nor would it erode the setting of a Core Area of Wild Land and was therefore not contrary to Scottish Government Policy Guidance, nor to Policies 57 and 61 of the Highland-wide Local Development Plan; subject to conditions being delegated to officers in consultation with the Chair.

5.5 Industrial and Retail Unit on Land 50m North of Morangie Filling Station, Morangie Road, Tain – Munro Fruit Merchants Ltd, 14-00018 (RB-27-14)

There had been circulated Notice of Review 14-00018-Munro Fruit Merchants Ltd for an Industrial and Retail Unit on Land 50m North of Morangie Filling Station, Morangie Road, Tain for Munro Fruit Merchants Ltd.

Preliminaries

The Review Body NOTED the Clerk’s confirmation that this was a valid and competent Notice of Review, and his advice with regard to the way the Review should be determined (item 4 above refers). Members also viewed Streetview to gain additional understanding of the distances between sites, and from the supermarket and filling station; and the location and general appearance of the industrial estate including the style of entrance pillars and fencing. The Review Body AGREED that its requirement for information had been satisfied by the Notice of Review documentation contained in Booklet E of the agenda papers, and by viewing Streetview.

Debate and Decision 

Having considered the supporting paperwork the Planning Review Body discussed the Notice of Review.

The Chairman summarised that the key issue was the reasonableness of the planning condition requiring the applicant to build natural stone pillars at the entrance to the site in keeping with the style of the industrial estate. He suggested that the Review Body might wish to consider whether a variation to the condition, requiring high quality landscaping rather than stone pillars, would be an acceptable alternative.

Prior to discussion, the Independent Planning Advisor read out the relevant Policy relating to Blarleath Industrial estate, which stated that a high level of design and associated planting treatment would be required in order to develop the estate to a level acceptable. Points raised in discussion included that not all premises had stone pillars, particularly the supermarket and filling station immediately adjacent; and that whilst improving the appearance of an industrial estate was desirable, this must not be at a cost which could jeopardise a business’ viability.

The Review Body PARTIALLY UPHELD the Notice of Review on the grounds of reasonableness, and AGREED that the condition be amended to require the applicant to carry out high level landscaping as an alternative to construction of stone entrance pillars, with the wording of the revised condition being delegated to officers in consultation with the Chair.

The meeting ended at 11.45 a.m.