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 14 October, 2014 at 10.30 am.

Committee Members Present:

Mrs I Campbell, Mrs G Coghill, Mr G Farlow, Mr B Fernie, Mr M Finlayson, Mr D MacKay, Mrs A MacLean, Mrs I McCallum, Mrs M Paterson, Mr I Renwick, Mr A Rhind and Dr A Sinclair.

Officials in attendance:

Mr A Mackenzie, Legal Manager (Regulatory Services) and Clerk
Mr D Jones, Area Planning Manager North
Mrs J Ferguson, Team Leader, Planning
Ms J Bridges, Community Services
Mrs A MacArthur, 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 D Bremner, Mr C Fraser, Mr D Millar, Mr G Philips and Mrs M Smith.

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 16 September 2014 which was APPROVED.

4.  Major Applications 
Iarrtasan Mòra

There had been circulated Report No PLN/070/14 by the Head of Planning and Building Standards providing an update  on progress of all cases within the “Major” development category currently with the Planning and Development Service for determination. 

Members had the following questions:

• Could an update be given on the status of the two supermarket applications in Portree and the Kylerhea application?

Mr D Jones advised that the progress in the Kylerhea Section 36 application was slow because of marine related issues rather than planning ones. As stated in the Report a response from Marine Scotland was awaited. 

As Committee were aware both supermarket application matters had been deferred for further information and once this was available they would come to the next available Committee. 

The Committee NOTED the Report.

5.  Major Developments – Pre-application consultation 
Leasachaidhean Mòra – Co-chomhairle Ro-iarrtais

5.1  Description:  Woodland campsite and events space: approximately 300 m of access road;  approx. 25 m2 entrance building; approx. 100 m2 service building; 2 no car park; woodland planting strategy (14/03232/PAN) (PLN/071/14) 
Applicant: Broadford and Strath Community Company 
Site Address:  Land 75 m West of Pairc Nan Craobh Industrial Estate, Broadford, Isle of Skye 

There had been circulated Report No PLN/071/14 by the Head of Planning and Building Standards on the submission of a Proposal of Application Notice (PAN), describing the site and setting out likely relevant policies and potential material planning considerations.

The Committee NOTED the submission of the PANand had no material planning issues it wished to bring to the applicant’s attention other than those identified in the Report.

6.  Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

6.1  Applicant: Mr N MacKenzie (13/00284/FUL) (PLN/072/14)
Location: Rootfield Farm, Muir of Ord (Ward 10)
Nature of Development: Erection of one 50 kw wind turbine, height to hub 24.6 m, height to tip 34.2 m, blade diameter 19.2 m and siting of equipment cabin (resubmission of 12/02302/FUL)
Recommendation: Grant.

There had been circulated Report No PLN/072/14 by the Area Planning Manager North recommending the grant of the application subject to the conditions detailed therein.

Visualisations which met with the Council’s standards were circulated to the Committee and members were given time to evaluate these.   

Mrs J Ferguson presented the Report and advised that in the third last line of the reason for condition 1, “30” should be replaced with “25”.

Members had the following concerns:

• Prominence of the wind turbine on the sky-line in an open area of farm land on the brow of the hill;
• The close proximity of the turbine to a large number of houses;
• Disturbance to restricted species of birds including the Red Kites and Ospreys in the area;
• Consideration had to be given to the amenity of the people who lived in the immediate area;
• The wind turbine would cause greater visual intrusion than the silo which was not a moving structure and was considerably smaller;
• The prominence of the turbine from a very dangerous junction (A835 slip road to the B9169);
• The plan showed a considerable number of houses in this area which  were not apparent in the photo montage;
• This area has one of the most magnificent views in Scotland looking to the west and this turbine would spoil the view for many of the residents in this area;
• The landscape was too open for a turbine with no back-drop, therefore mitigation was not possible in the starkness of this location;  

Mrs I McCallum, seconded by Mrs M Paterson moved that the application be refused for the following reason: 

The proposal is contrary to Policy 67 of the Highland Wide Local Development Plan:

-       As it has a significant adverse visual impact because of its height, prominence and location in an open landscape and is significantly detrimental to the amenity at residential properties located in close proximity to the development site;

-       The proposed development will be viewed against the sky-line and will be significantly detrimental to the landscape character.

There being no amendment the motion became the finding of the Committee and it was AGREED to refuse the application.

6.2  Applicant: Ms S, J and K Duff (14/02347/FUL) (PLN/073/14)
Location: Isle of Skye Trekking and Therapy Centre, 2 Suledale, Clachamish, Skye (Ward 11)
Nature of Development: Change of use of former café to house (retrospective Class 3 to Class 9) and siting of a residential caravan (retrospective) 
Recommendation: Grant.

There had been circulated Report No PLN/072/14 by the Area Planning Manager North recommending the grant of the application subject to the conditions detailed therein. 

Members had the following concerns:

• Could the development be conditioned to restrict who could reside in the property, could the house be used as a hostel?
• The caravan had been there for a number of years without planning permission and a stricter enforcement policy should be engaged to catch people who are ignoring the planning rules;
• There appeared to be issues regarding the septic tank and foul drainage, where did planning stand if permission was granted.

Mr Dafydd Jones stated that the occupancy of the development was restricted to either employees of the trekking centre or to holiday lets and could not to be used as a residential house.  The property could not be used as a hostel as it only had one bedroom.  

He further stated that the issues with the foul drainage and septic tank would have to be addressed and a building warrant sought for the new residential use.  Planning permission did not guarantee SEPA permission and a separate consent would require to be sought from SEPA.

Members asked that a stricter enforcement policy be employed as the applicants had flouted the rules of the planning authority.  The caravan if consented for a year should only remain on the site for a year. 

The Committee AGREED the recommendation.

6.3  Applicant: Rush Dance (14/02909/FUL) (PLN/074/14)
Location: 25 Back Shore Street, Thurso (Ward 02)
Nature of Development: Change of use from car showroom to dance studio (use Class 11) and erection of entrance screen
Recommendation: Grant.

There had been circulated Report No PLN/072/14 by the Area Planning Manager North recommending the grant of the application subject to the conditions detailed therein. 

Members had the following concerns:

• It had been stated in the Report that the applicants had been asked to leave their previous venue due to noise nuisance.  The acoustics in the hall and the requirement for testing before commencement of use were essential;  

Mr D Jones stated that a condition covered this and that the onus was on the applicant to submit a plan to undertake mitigation and that Environmental Health would pick up any issues in relation to noise.

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:   Mr W MacInnes (11/03478/PIP) (NA-HLD-077)
Location:  Land to south west of 22 Garafad, Staffin, Portree
Nature of Development:  Housing development, revised scheme incorporating 7 dwellings (previously 9) together with associated arrangements for access and shared drainage

The Committee NOTED that the planning application has been refused.

There being no further business the meeting closed at 12.05 pm.