Agendas, reports and minutes

The Committee agreed to NOTE the current position.

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

5.1 
Description: Residential development (14/04079/PAN) (PLS/089/14)
Ward: 21– Badenoch and Strathspey
Applicant: Reidhaven Estate
Site Address: Land north-west of Dalfaber Farm, Aviemore

Mr B Lobban declared a non-financial interest in this item as an objector to the proposed development and left the chamber for the duration of this item.

There had been circulated Report No PLS/089/14 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:-

• the Reporter’s recommendations, particularly regarding phasing, should be taken into account,
• impact on the championship golf course, and
• part of the site is identified in the latest Cairngorm National Park Local Development  Plan (currently with Scottish Ministers for approval) as green space,together with the other material considerations identified in the report.

5.2
Description: Construction of a new 400 / 132kV Gas Insulated Substation, including cable tie-ins, access road and access track upgrades (14/04493/PAN) (PLS/090/14)
Ward: 21 – Badenoch and Strathspey
Applicant: Scottish Hydro Electric Transmission Plc
Site Address: 2,910M North West of 1 Garvamore, Laggan

Mr J Crawford declared a non-financial interest in this item on the basis that he considered he had pre-determined the application and left the chamber for the duration of this item.

There had been circulated Report No PLS/090/14 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:-

• justification for choice of site (members would require to be satisfied that this was the only possible site for the development),
• visibility from surrounding places and mitigation of visual impact,
• impact on wild land should be specifically addressed, and
• the need for photomontages to support the application,

together with the other material considerations identified in the report.

5.3
Description: Formation of a wind farm including the erection of up to 17 turbines (up to 126.5m to blade tip, access tracks and other ancillary development. The development is to be known as Cnoc an Eas Wind Farm (14/04293/PAN) (PLS/091/14)
Ward: 13 – Aird and Loch Ness
Applicant: Force 9 Energy Partners LLP and EDF Energy ER
Site Address: Land 9km West Of Drumnadrochit, North Of Loch Meiklie

Mr J Crawford declared a non-financial interest in this item on the basis that he considered he had pre-determined the application and left the chamber for the duration of this item.

There had been circulated Report No PLS/091/14 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:-

• the turbines are large and will be visible for some distance,
• the visibility from some communities in Glen Urquhart is critical as they will be very close to them, notably - Shenval, Loch Meikle, Millness and Shewglie and there is concern about parts of Balnain and the higher ground at Rycraggan and Upperton,
• visibility from Corriemony and Tomich and CulnaKirk will need to be clearly shown,
• cumulative impact from high ground, particularly Affrics,
• there are concerns for traffic management issues along the A82 and the A831 and preparation of a traffic impact study after any application being considered is not acceptable,
• the distance from domestic dwellings is an issue and as a result the potential impact of noise,
• there is considerable local concern that the possibility of turbines on both sides of Glen Urquhart will adversely affect the currently unaffected landscape to the north east of the Glen and hence will change the perception of open landscape that this Glen currently has for large stretches of the A831, so it would be useful for local residents to get sight of some of the new panoramic representations of wind farms to inform responses, and
• there is concern with many residents that this wind farm, its close proximity to the Glen and increased visibility compared to any existing wind farms, will adversely affect tourism,

together with the other material considerations identified in the report.

Members also considered that a site visit may be required in the event of an application coming forward.

5.4
Description: Construction of a new clubhouse, demolition of existing clubhouse, installation of artificial pitch, regrading of two grass pitches and ancillary infrastructure (14/04529/PAN) (PLS/092/14)
Ward: 14 – Inverness West
Applicant: The Highland Council
Site Address: Land at Canal Parks, Bught Drive, Inverness

There had been circulated Report No PLS/092/14 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:-

• they will need to be satisfied that works requiring removal of trees will be kept to the absolute minimum, and
• a traffic impact assessment and an environmental assessment may be required,

together with the other material considerations identified in the report.

5.5
Description: Residential Development comprising 60 units, open space and associated infrastructure (14/04198/PAN) (PLS/093/14)
Ward: 15 – Inverness Central
Applicant: Tulloch Homes Ltd
Site Address: Former Swimming Pool Site, Glebe St, Inverness

There had been circulated Report No PLS/093/14 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:-

• given the prominent location of the site in the Conservation Area, high quality design was crucial and the developer should be encouraged to consult the Design Panel in this regard,
• the height of the development should not be such that it will impact adversely on light and privacy at nearby residential properties, and
• traffic issues, parking and adequate pavement provision should be addressed
• bin storage must be addressed,

  together with the other material considerations identified in the report.

6.  Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

6.1
Applicant: Morbaine Ltd (14/02865/FUL) (PLS/094/14
Location: South Side of Alcan Site Entrance, North Road, Fort William (Ward 22)
Nature of Development: Redevelopment of the site to demolish existing structures and to construct food and non-food retail floorspace with associated car parking, servicing and access
Recommendation: Refuse

Mr B Murphy and Mr B Thompson had requested the Chairman’s permission to address the Committee on this application under Standing Order 13.

There had been circulated Report No PLS/094/14 by the Area Planning Manager South recommending that planning permission be refused for the reasons stated in the report.

Mrs S Macmillan presented the report and recommendation.

The following matters were clarified in response to questions.

• The town centre boundary was defined in the Local Plan and the references to the town centre in the sequential test policy were to this boundary.
• There was a combination of convenience and comparison shopping outlets in the town centre.  They included Morrisons and Tesco Metro but also a high percentage of shops which catered for outdoor pursuits.  The recent trend for cafes on high streets could also be seen on Fort William High Street.
• The catchment area was predominately Lochaber, which was of a similar size to the Oban catchment area.
• There was currently an estimated five percent leakage outwith the catchment in terms of food retail and the assessment had taken into account the fact that the proposed development might bring the leakage back into the town centre by providing greater choice.
• With regard to the two letters of objection, it was confirmed that the letters were from a planning consultant who represented Lidl.
• While policy required that potential sites were considered firstly in the town centre, then in edge of centre locations, then in urban district centres and finally in out-of-centre locations, it was accepted that there was limited scope for a development of this type in the town centre.
• With regard to the Blar Mhor site, the planning permission was live as work had started on the Police Scotland station.  Tesco had discharged pre-commencement conditions on their part of the site with a view to making a meaningful start to development on the site in early 2015.

During discussion Members made the following comments.

• Presently the residents of Lochaber suffered financially because the retail circumstances provided no competition to the existing supermarkets and this had led to a reduced level of merchandise available and at higher costs.  With little or no competition, many residents in the catchment area chose to either shop online and/or drive outside Lochaber to shop in Inverness or Oban.
• It was important that no one supermarket had a monopoly.
• There was enormous local support for the application.
• The existing retail outlets in Fort William High Street were focussed on tourists and outdoor pursuits.
• Whilst a mixed-use retail development was welcomed, it was important not to lose sight of the possible impact on Fort William town centre.
• In recent years new methods of shopping had had an impact on town centres.  It was important to acknowledge that a large amount of purchasing was now done online.
• It was unlikely, given the current financial climate, that Tesco would be in a position to develop a store on the Blar Mhor site in the near future.
• Due to the uncertainty with the Blar Mhor site it was vital that alternative sites were examined.
• The application was important because it would offer employment and help stimulate the local economy by stopping the retail financial leakage from Lochaber.                                                                                                                                                                                                                                                                                                                                           

Following debate, the Committee agreed to GRANT planning permission, contrary to recommendation, subject to conditions to be prepared under delegated powers in consultation with the ward members.  The Committee’s reasons for granting planning permission were as follows.

While the proposed development was contrary to the Development Plan, departure from the Development Plan was justified having regard to the following material considerations:

• uncertainty over development of the Blar Mhor site,
• the need for greater choice and competition in the area and modern retail facilities,
• the proposed food retail store would act as an anchor store for the development, and
• the development would provide significant employment opportunities.

6.2
Applicant: Ardgour Trading Company Ltd (14/03269/FUL) (PLS/095/14)
Location: Ardgour House, Ardgour, Fort William, PH33 7AH (Ward 22)
Nature of Development: Erection of holiday home
Recommendation: Grant

There had been circulated Report No PLS/095/14 by the Area Planning Manager South recommending that planning permission be granted subject to the conditions recommended in the report.

Mrs S Macmillan presented the report and the recommendation.

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report.

6.3
Applicant: Kingairloch Estate (14/03149/FUL) (PLS/096/14)
Location: Old School, Kingairloch, Ardgour, Fort William (Ward 22)
Nature of Development: Demolition of existing building and erection of replacement dwelling house
Recommendation: Grant

There had been circulated Report No PLS/096/14 by the Area Planning Manager South recommending that planning permission be granted subject to the conditions recommended in the report.

Mrs S Macmillan presented the report and recommendation.

During discussion Members commented that whilst the loss of a locally important building was regrettable it was understood that the building was not of national importance and would therefore not be listed.

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report.

6.4
Applicant: Mr & Mrs G Leslie (14/03895/FUL) (PLS/097/14)
Location: Westburn, Wester Galcantray, Cawdor, Nairn (Ward 18)
Nature of Development: Erection of a structure for the kennelling of dogs within the south west curtilage of the land (retrospective)
Recommendation: Grant

There had been circulated Report No PLS/097/14 by the Area Planning Manager South recommending that planning permission be granted unconditionally.

Ms N Drummond presented the report and recommendation.

The following matters were confirmed in response to questions.

• The kennels would have become immune from enforcement action by the end of 2014.  It was further confirmed that with regard to the four-year rule, the four years are counted from the date that the building was substantially completed.
• The dogs were family pets and, although they were occasionally worked on the estate, they were not part of a commercial operation.
• The application was solely for a kennel structure.
• Environmental Health had properly investigated alleged noise complaints but had been unable to establish and confirm the existence of a statutory nuisance.
• If the Committee decided to defer the application, the planning authority could, if in the public interest, proceed with an Enforcement Notice.  It was important to recognise, however, that the applicant could simply re-locate the kennels to the rear of the property and, in that location, the structure would not require planning permission.

During discussion Members commented that they appreciated the concerns over noise and the impact on neighbouring properties.

The Chairman, seconded by the Vice-Chairman, then moved that the application be granted unconditionally.

Mr R Balfour moved as an amendment that the application be refused on the ground that in erecting the kennels in this location, without planning permission, the applicant had failed to pay adequate attention to the planning process.

The Clerk advised Mr Balfour that this was not a competent reason for refusal of the application for retrospective planning permission and Mr Balfour accordingly withdrew his proposed amendment.

The Committee then agreed to GRANT planning permission unconditionally

6.5
Applicant: Pat Munro (Alness) Ltd (14/03720/FUL) (PLS/098/14)
Location: Land 300M NW of Invereen, Dalmagarry Wood, by Tomatin (Ward 20)
Nature of Development: Sand and gravel quarry (Dalmagarry Quarry) with associated mobile crusher and asphalt plant
Recommendation: Grant temporary planning permissions with conditions

There had been circulated Report No PLS/098/14 by the Head of Planning and Building Standards recommending that planning permission be granted subject to the conditions recommended in the report.

Mr K McCorquodale presented the report and recommendation.

The following matters were clarified in response to questions.

• The Trunk Roads Authority was content with the application and did not object to the proposal.
• The application was based on the current A9 layout and not on the future dualling of the carriageway.
• No concerns related to the expected dualling of the A9 had been raised by Transport Scotland.

  During discussion Members made the following comments.

• They had grave concerns with regard to road safety, in particular the proposed arrangements for access to and from the A9.
• Whilst it was understood that the application must be decided on its merits there was great unease over the impact of future A9 dualling.

The Committee agreed to DEFER determination of the application pending submission of further information and assessment of the access to and from the  A9, including information on the potential dualling plans for the Trunk Road.  

6.6
Applicant: Falck Renewables Wind Limited (14/02055/S36) (PLS/099/14)
Location: Millennium Windfarm Glenmoriston (Ward 13)
Nature of Development: Construction of 10 additional wind turbines and ancillary infrastructure (Millennium South Wind Farm)
Recommendation: Raise no objection

There had been circulated Report No PLS/099/14 by the Head of Planning and Building Standards recommending that no objection be raised subject to the conditions recommended in the report.

Before any presentation of the report and recommendation took place the Committee agreed to DEFER a decision on the consultation response pending a site visit.

The meeting ended at 3 pm.