Agendas, reports and minutes

Minute of Meeting of the South Planning Applications Committee which commenced at 9.00 am in the Council Chamber to elect a Chairman for the meeting and to undertake a site visit to Glen Mhor Hotel, 9-15 Ness Bank, Inverness (Item 6.1) at 9.15 am and then reconvened at 10.30 am in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 21 October 2014.

Committee Members Present:

Mr R Balfour
Mr B Clark
Mr A Duffy
Mr D Fallows
Mr D Kerr
Mr R Laird (except Items 6.2 and 7)
Mr B Lobban
Mr T MacLennan
Mr B Murphy (as substitute for Mr A Baxter)
Mr F Parr
Mr T Prag
Ms J Slater
Mr H Wood

Officials in attendance:

Mr A Todd, Area Planning Manager South
Mr A McCracken, Team Leader
Mr J Harbison, Principal Planner
Mr S Hindson, Planner
Mr M Clough, Senior Engineer
Ms S Blease, Principal Solicitor (Clerk)
Mrs P Bangor-Jones, Administrative Assistant

Business

Appointment of Chairman for the meeting

Mr R Balfour nominated Mr D Fallows.
Mr B Lobban nominated Mr D Kerr.

Members agreed that the vote should be by show of hands. On a vote being taken, Mr Fallows polled six votes and Mr D Kerr polled five votes. There were two abstentions. Mr D Fallows was accordingly duly elected Chairman for the meeting.

1. Apologies
Leisgeulan

Apologies were received from Mr A Baxter, Mr J Crawford, Mrs M Davidson,
Mr J Ford, Mr J Gray, Mr M Green and Mr C Macaulay.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

There were no declarations of interest.

3. Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

There had been circulated for confirmation as a correct record the minute of the Committee meeting held on 30 September 2014 which was APPROVED.

4. Major Applications

There had been circulated Report No PLS/079/14 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.

The Committee agreed to NOTE the current position.

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

5.1
Description: Formation of a wind farm including the erection of up to 7 wind
turbines (up to 126.5m to blade tip), access tracks and other ancillary development. The development is to be known as Carr Bann Wind Farm. (14/03609/PAN) (PLS/080/14)
Ward: 13 - Aird and Loch Ness
Applicant: Airvolution Energy Limited
Site Address: Land at Dinichean, Farr, Inverness, IV2 6XG

There had been circulated Report No PLS/080/14 by the Area Planning Manager South recommending that the Committee note the submission of the Proposal of Application Notice and advise of any material planning issues which should be brought to the applicant’s attention.

The Committee NOTED the submission of the PAN and highlighted the following material considerations they wished brought to the applicant’s attention:-

• Visibility from Inverness, Leys Castle Road and surrounding closer countryside
• Noise at nearby houses
• Shadow flicker
• Use of Leys Castle Road during construction as this is a narrow, poor standard road
• Cumulative impact in the Farr and South Loch Ness area
• Archaeology of the area as the site is close to recorded archaeological features
• Impact on surrounding forest

together with the other material considerations identified in the report.

They also stressed that visualisations must meet Highland Council standards and that, in relation to shadow flicker, animations should be produced if assessment indicated that shadow flicker might be an issue.

6. Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

6.1
Applicant: Glen Mhor Limited (14/01964/FUL and 14/02032/LBC) (PLS/077/14)
Location: Glen Mhor Hotel, 9-15 Ness Bank, Inverness (Ward 15)
Nature of Development: Demolish existing public bar. Erect extension to create craft brewery pub, visitor centre and restaurant area, construct new parking area and demolish boundary walls.
Recommendation: Grant

All of the members present had participated in the site visit for this item earlier in the day.

There had been circulated Report No PLS/077/14 by the Area Planning Manager South recommending that planning permission and listed building consent be granted subject to the conditions recommended in the report.

Mr J Harbison presented the report and recommendation.

In response to questions the following points were clarified.

• The Environmental Health team had offered no objection to the development subject to appropriate conditions in relation to noise and air quality. With regard to odour it was explained that no assessment was carried out in relation to possible odour because it was understood from other operational microbreweries that odour nuisance was not an issue.
• With regard to the design of the proposed building, due consideration was given to the views of both the Conservation Officer and the Inverness Design Review Panel (PLACE). While Planning officers had preferred the views of the Conservation Officer, it was important to acknowledge that views on architecture were subjective.
• The applicant had indicated that the number of delivery lorries which visited the hotel would decrease given that beer would be brewed on the premises and not delivered from elsewhere. It was further confirmed that one delivery per week was required to deliver all of the ingredients for the brewing process. It was important to be cautious with regard to delivery numbers as it was not possible to confirm delivery figures until the business was operational.
• With regard to road safety, it had been suggested by Transport Planning that the high wall next to the Haugh Road exit should be reduced in height to one metre to aid visibility for drivers, cyclists and pedestrians. However, on the Conservation Officer’s advice, it had been considered more appropriate to retain the wall in the interest of retaining the character of the Conservation Area.
• The advice of the Conservation Officer was that the design of the development did not detract from the overall character of the conservation area.
• The Scottish Environment Protection Agency (SEPA) was not consulted on the application.
• It was intended that the drop off and pick up point on Ness Bank for coaches would be used by coaches visiting the brewery attraction.
• Although a Vehicle Management Plan (VMP) had been submitted and had addressed a number of transport issues, there were a number of outstanding traffic matters which remained to be resolved.
• It was possible to require, by condition, that all gravel finishes in the parking area were finished in tarmac.
• The refuse bins were stored in a pend on Haugh Road and would only be moved roadside in time for collection.

During discussion Members made the following comments.

• Whilst supportive of the application in principle and conscious of the benefits that the development could bring to the city centre by improving commercial vitality and viability, it was not possible to overlook the major traffic and transport concerns which had not been resolved.
• The number of parking spaces available was not sufficient to serve both the hotel and the visitor attraction.
• It was essential to ensure that the drop off and pick up point for tour buses did not obstruct traffic.
• Although it was not possible to predict the additional number of visitors who might visit the brewery, there was still great concern over traffic, cyclist and pedestrian safety.
• The VMP failed to address the outstanding issues around traffic safety and the volume of traffic in the area, as identified by the Transport Planning Team.
• There was ambiguity as to whether beer produced on the premises would be sold and distributed to other hotels and outlets. If it was to be sold to other outlets, traffic movements would be greater.
• It was important to take account of the impact of the development on surrounding properties.
• Haugh Road was a busy road serving an ever expanding population to the south of the city centre. It was important to consider the effect of the development on this busy arterial route.
• Notwithstanding the assurances from the Environmental Health Team, concerns were expressed about possible odour pollution.
• With regard to the proposed design of the development, it was acknowledged that views on architecture and design were subjective. It was further commented that the building line on Ness Bank would protrude out beyond the existing building line and this was not in harmony with the adjacent buildings. With regard to the design, it was remarked that a high quality contemporary building could blend into an area with a more traditional housing stock and that a pastiche traditional design was not always the ideal.
• It was sensible to ensure that no waste was stored in an area which was to be used as a goods storage area.
• Parking and servicing issues due to the city centre location of the proposed development were not unfamiliar problems in this central location. The servicing of centrally located commercial premises was not just a problem encountered in Inverness.
• The alternative parking locations suggested all offered their own difficulties, which included congestion, distance and lack of capacity.

Following debate, the Committee agreed to REFUSE planning permission and listed building consent on the following grounds:

1. The proposed development does not accord with Policy 56 of the Highland-wide Local Development Plan in that (a) it fails to incorporate an appropriate level of parking provision on site or to provide sufficient information on suitable alternative parking locations and their availability, and (b) insufficient information has been provided on existing and forecasted numbers of service deliveries and coach movements to allow the on- and off-site transport implications to be assessed.
2. The proposed development does not accord with Policy 28 of the Highland-wide Local Development Plan in that it has not been demonstrated that it will be compatible with, and not significantly detrimental to, the local road network by reason of service deliveries and coach movements.
3. The proposed development does not accord with Policy 28 of the Highland-wide Local Development Plan in that the building line on Ness Bank would be forward of, and incompatible with, the existing building line and as such will be significantly detrimental to the Listed Building and the Inverness (Riverside) Conservation Area in that it fails to demonstrate sensitive siting and high quality design in keeping with local character and the historic environment.

6.2
Applicant: Hugh Banks (14/03291/PIP) (PLS/081/14)
Location: Land to north west of Elmpark, Nethybridge (Ward 21)
Nature of Development: Erection of dwelling (renewal of planning permission
11/02888/PIP)
Recommendation: Grant

There had been circulated Report No PLS/081/14 by the Area Planning Manager South recommending that planning permission in principle be granted subject to the conditions recommended in the report.

Mr A McCracken presented the report and recommendation.

The Committee agreed to GRANT planning permission in principle subject to the prior conclusion of a s75 obligation in respect of the affordable housing contribution or to advance payment of the contribution and subject to the conditions recommended in the report.

7. Dates of Meetings in 2015
Cinn-latha Choinneamhan ann an 2015

The Committee NOTED the following dates of meetings in 2015:

20 January
24 February
1 April
19 May
23 June
18 August
22 September
20 October
17 November
22 December

The meeting ended at 12.50 pm.