Agendas, reports and minutes

Minute of Meeting of the South Planning Applications Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 18 November 2014 at 10.30 am.

Committee Members Present:  

Mr R Balfour (except Items 7.4, 8.1 and 8.2)
Mr B Clark
Mr J Crawford (except Item 7.3)
Mrs M Davidson
Mr D Fallows
Mr J Ford (except Items 1, 2, 3, 4, 5 and 7.3)
Mr J Gray
Mr M Green
Mr D Kerr (except Item 1)
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:  

Mrs B McAllister (Item 7.2)

Officials in attendance:  

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

Business

1.  Election of Vice Chair
Taghadh lar-Charthraiche

Mr D Fallows was proposed by Mr C Macaulay and seconded by Mr T Prag.

There were being no further nominations, Mr D Fallows was accordingly duly elected Vice Chairman.

2.  Apologies
Leisgeulan

Apologies were received from Mr A Baxter and Mr A Duffy.

3.  Declarations of Interest
Foillseachaidhean Com-pàirt

Item 7.4 Mr R Balfour – Non financial

4.  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 21 October 2014 which was APPROVED.

5.  Major Applications

There had been circulated Report No PLS/082/14 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.

Members requested a site visit to Beinn Mhor Wind Farm prior to the application coming before the Committee for determination.

In response to questions it was confirmed that:

• With regard to the Morbaine application, there was a request for additional information in relation to the retail impact assessment.   This further information would require further analysis.  Transport Scotland remained to be satisfied with regard to access arrangements and there was still outstanding work to be completed on the surface water drainage scheme.  An extension had been agreed with the applicant and it was hoped that the application would come before the December Committee.
• With regard to the land adjacent to Inshes Retail Park, Dell of Inshes, Inshes, Inverness the development brief would be presented to the City of Inverness Area Committee (CIAC) in December 2014 and the planning application would only come to the South Planning Applications Committee once the brief had been agreed by the City of Inverness Area Committee.

The Committee agreed to hold a SITE VISIT to Beinn Mhor Wind Farm, Guisachan, Tomich, Cannich at a date to be determined once the application was ready for determination and NOTED the current position with regard the other cases.

6.  Continued Items
Cuspair a’ Leantain       

6.1
Applicant: Eddie MacDonald (14/00104/PIP) (PLS/036/14 and PLS/083/14)
Location: Land 137m east of Purlie Lodge, Abriachan (Ward 13)
Nature of Development: Formation of 2 house plots, installation of waste water    treatment system and soakaway, and formation of vehicular access
Recommendation: Grant

There had been circulated Report No PLS/036/14 and PLS/083/14 by the Area Planning Manager South recommending that planning permission in principle be granted.

Mr A McCracken presented the report and recommendation.

During discussion Members commented that:

• With regard to the maintenance of verges and vegetation along the private road, it was necessary to guard against unreasonable conditions.
• The principle of the development was not an issue.  Concern related to road safety for both vehicles and pedestrians.
• A detailed drainage and vegetation maintenance statement from the applicant would be welcomed.

The Committee agreed to GRANT planning permission in principle subject to the conditions recommended in the Report with condition 3 amended to include a requirement that the developer submit for approval a statement detailing a maintenance regime for drainage and vegetation along the private road and that this regime thereafter be implemented.

7.  Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

7.1
Applicant: Mr and Mrs R Campbell (12/04506/PIP) (PLS/084/15)
Location: Land 180M North East of Glasnacardoch Lodge, Mallaig  (Ward 12)
Nature of Development: Erection of 18 houses (amendment to 10/04529/PIP)
Recommendation: Grant  

There had been circulated Report No PLS/084/14 by the Area Planning Manager South recommending that planning permission in principle be granted subject to the conditions recommended in the report.

Mrs S Macmillan presented the report and recommendation.

In response to questions it was confirmed that:

• The 25% affordable housing element of the development was five properties.
• Supplementary Planning Guidance on Developer Contributions had a sequential approach to the affordable housing process.  The first preference was always for an onsite provision.  It was further confirmed that a Section 75 Obligation would be completed to secure the affordable housing element or to secure a contribution towards the delivery of affordable housing.
• The Housing Development officers would negotiate with the developer to ensure that the affordable housing component met the waiting lists and the local housing requirements.
• During discussion Members commented that:
• It was the preference that the affordable housing element was delivered onsite.
• Due to the location and prominence of the development site, it was imperative that the design and finish of the properties was of a high quality.

The Committee agreed to GRANT planning permission in principle subject to the prior conclusion of a Section 75 obligation to secure 25% affordable housing or a commuted sum and subject to the conditions recommended in the report.

7.2
Applicant: The Highland Council (14/02605/FUL and 14/02608/LBC) (PLS/085/14)
Location: 1-2 Huntly Place and 3 - 4 Huntly Place, Inverness (Ward 15)
Nature of Development: 14/02605/FUL - Erection of new flatted development and renovation of 2No existing buildings. 14/02608/LBC - Renovation / refurbishment of existing vacant properties to form 1No.House and 2 No. Flats
Recommendation: Grant

Mrs B MacAllister had requested the Chairman’s permission to address the Committee on this application under Standing Order 13.1.

There had been circulated Report No PLS/085/14 by the Area Planning Manager South recommending that planning permission and listed building consent (subject to notification to Historic Scotland) be granted subject to the conditions recommended in the Report.  

Mr J Harbison presented the report and recommendation.  

In response to questions it was confirmed that:

• With regard to bin storage and collection it had been agreed that household waste would be collected in communal bins. 
• If the second condition was implemented the floor levels would be above the level of the surrounding properties.
• The flood alleviation scheme, once completed, ensured that the site was protected up to the 1:200 year flood event.  However, there was always a risk of groundwater discharge during extreme weather conditions.

During discussion Members commented that:

• The second condition was not necessary or desirable as the flood risk had been identified and mitigation provided for by condition one and the flood alleviation scheme.
• They were supportive of the application and the building of residential units in the city centre.
• The site had been empty for a number of years and it was considered to be an excellent use of a brown field site.
• With regard to the architecture and design of the development, it was recognised that the amended design was an improvement on the previous application and more in keeping with the surrounding conservation area.  It was helpful that the previous comments made by Members at a previous committee had been addressed.
• Although mention was made in the report of parking demand exceeding provision, Members were doubtful and commented that there was adequate parking provision in the locale to accommodate extra on-street parking.
• With regard to parking spaces 14 and 15 to the rear of building and given their close proximity to a neighbouring property, concerns were raised over the appropriateness of the fencing material.

The Committee agreed to GRANT planning permission and listed building consent (subject to notification to Historic Scotland) and subject to the conditions recommended in the report with condition 2 of the planning permission to be omitted if, on further consideration, the Flood Team agree that given the provisions of condition 1, condition 2 is unnecessary.  It was further decided that fencing arrangements around the car parking area are to be discussed further with Housing Services.

7.3
Applicant: Beinneun Wind Farm Ltd (14/03482/S36) (PLS/086/14)
Location: Beinneun Wind Farm, 8 Km NW Of Invergarry, Glenmoriston (Ward 13)
Nature of Development: Variation to consented wind farm (Ref: 11/04152/S36) including, increase in blade tip height by 1.5 metres to 133.5 metres and revised dimensions to the sub-station and control building
Recommendation: Raise no objection

There had been circulated Report No PLS/086/14 by the Head of Planning and Building Standards recommending that no objection be raised subject to the conditions recommended in the report.

Mr S Hindson presented the report and recommendation.

During discussion Members stated that they had no concerns about the proposals.  However, they then made positive comments about the involvement of the Environmental Health Service, not only in this application but more generally, and referred in particular to Gregor MacCormick’s recent award for his work on the Balblair sub-station.

The Committee agreed to RAISE NO OBJECTION subject to the conditions recommended in the report.

7.4
Applicant: Norbord Europe Ltd (14/03000/FUL) (PLS/087/14)
Location: Dalcross OSB Mill, Dalcross, Inverness (Ward 18)
Nature of Development: Construction of new process buildings and equipment for a new Oriented Strand Board (OSB) Mill and Biomass Heat Plant (and phased decommissioning of elements of existing OSB mill when the new mill is operational) and ancillary works
Recommendation: Grant

Mr R Balfour declared a non-financial interest in this item as the Chair of the Norbord Community Forum and left the chamber for the duration of this item.

There had been circulated Report No PLS/087/14 by the Head of Planning and Building Standards recommending that planning permission be granted subject to the conditions recommended in the report.

Mr D Mudie presented the report and recommendation.

In response to questions it was confirmed that:

• There was no increase in the height of the stack and that Condition 7 would be amended to include the aviation lighting details for cranes.
• No development would commence until full details of the layout, scale, massing, external materials and colour of all plant equipment and buildings was approved by the planning authority.
• The old buildings would not be removed but would remain as storage areas but there was scope for the buildings to be reconfigured in the future if rail freight became possible. 
• With regard to a possible railway siding, it was confirmed the applicant was open to the use of rail freight in the future but it was not currently in their plans. Their priority was to increase production, secure employment and to capitalise on potential investment from the parent company.

During discussion Members commented as follows.

• It was stressed that in discharging Condition 2 it was important to ensure that the development was designed in such a way as to minimise impact and help it to sit well in the surrounding neighbourhood.
• They were supportive of the application and hoped that in the future the finished product would leave the plant by rail.

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report with Condition 7 amended to include aviation lighting details for crane operations.

8.  Decisions of the Scottish Government’s Directorate for Planning and Environmental 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

8.1
Applicant: Allt Carach Wind Farm Limited PPA-270-2110
Location: Land at Farley Estate, by Kilmorack, Beauly
Nature of Development: Erection of temporary 80 metre high meteorological mast and associated fencing

The Committee NOTED the decision of the Reporter to:

                  i.  uphold the appeal and grant planning permission, and

                 ii.  decline the appellants’ claim for expenses.

8.2
Applicant: Loch Ness Homes Ltd (PPA-270-2105) (13/03694/PIP)
Location: Lewiston, Drumnadrochit
Nature of Development: Mixed use development comprising (in summary) housing, mixed commercial uses, health centre, public open space and associated infrastructure.

The Committee NOTED the decision of the Reporter that he was minded to allow the appeal and grant planning permission in principle subject to the conditions listed in the Annex to the Reporter’s Notice of Intention and following the signing and registering or recording of a planning obligation under section 75 of the Town and Country Planning (Scotland) Act 1997, or some suitable alternative arrangement, covering the matter (provision of affordable housing) detailed in paragraph 50 of the Notice of Intention.

 

The meeting ended at 12.25 pm.