Agendas, reports and minutes

Minute of the meeting of the North Planning Applications Committee held on site at An Cabar, 7 Mountrich Place, Dingwall on Monday 16 February 2015 at 11.00 am and in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 17 February 2015 at 10.30 am.

Committee Members Present:

Site Inspection Meeting on 16 February:
Mrs G Coghill, Mr B Fernie, Mr D MacKay, Mrs A MacLean, Mrs M Paterson, Dr A Sinclair and Ms M Smith.

Scheduled Meeting on 17 February:
Mr D Bremner (excluding items 1 - 6.1), Mrs I Campbell (excluding item 5.1), Mrs G Coghill (excluding item 6.5), Mr G Farlow (excluding items 5.1 and 6.3 – 7.1), Mr B Fernie, Mr M Finlayson (excluding items 5.1, 6.5 and 7.1), Mr C Fraser (excluding items 5.1 and 6.2), Mr D MacKay (excluding item 6.5), Mrs A MacLean, Mrs I McCallum (excluding item 5.1), Mrs M Paterson, Mr G Phillips (excluding item 5.1), Mr I Renwick (excluding item 5.1), Dr A Sinclair and Ms M Smith (excluding items 6.2 – 7.1).

Officials in attendance:

Site Inspection Meeting on 16 February:
Mr A Mackenzie, Legal Manager (Regulatory Services) and Clerk
Mr D Jones, Area Planning Manager North
Mrs A MacArthur, Administrative Assistant

Also in attendance:
For the Applicant: Mrs L Christie
Objector: Mr D Murphy

Scheduled Meeting on 17 February:
Mr A Mackenzie, Legal Manager (Regulatory Services) and Clerk
Mr D Jones, Area Planning Manager North
Mrs J Ferguson, Planning Team Leader – Dingwall
Mr K McCorquodale, Principal Planner
Mr B Robertson, Principal Planner
Mr M Smith, Principal Engineer and Team Leader, Flood Team
Ms J Bridge, Senior Engineer
Mr S Grant, Engineer, 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

16 February 2015

Site Inspection Meeting on 16 February:
Apologies were intimated on behalf of Mr G Farlow, Mr M Finlayson and Mrs I McCallum.

Scheduled Meeting on 17 February:
Apologies were intimated on behalf of Mr D Millar.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

Item 6.3 - Mr G Farlow (non-financial)
Item 6.5 - Mrs G Coghill (non-financial)

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 December 2014 which was APPROVED.

4. Major Applications
Iarrtasan Mòra

There had been circulated Report No PLN/001/15 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.

In response to questions it was confirmed:

• the Braemore application had gone through a long application process where the turbines had been reduced in number from 27 to 24 and then finally to 18 and in early February an objection had been raised with Scottish Ministers and a response was awaited;
• in relation to the Glenmorie Wind Farm, a judicial review had been lodged against the Minister’s decision to refuse the application which was being actively defended by the Scottish Government; and
• in relation to the supermarket in Portree, an updated and revised traffic impact assessment had been forwarded to the relevant consultees and, depending on the responses, a report to the March Committee may be possible.

The Committee NOTED the Report.

Dr Audrey Sinclair in the Chair for item 5.1

5. Continued Items
Cuspairean a' Leantainn

5.1 Applicant: Mr Gordon Christie (14/02938/FUL) (PLN/089/14)
Location: An Cabar, 7 Mountrich Place, Dingwall (Ward 9)
Nature of Development: Erection of decking (Retrospective)
Recommendation: Refuse.

There had been circulated Report No PLN/089/14 by the Area Planning Manager North recommending the refusal of the application for the reasons detailed therein.

Mrs G Coghill, Mr B Fernie, Mr D Mackay, Mrs A MacLean, Mrs M Paterson, Mrs A Sinclair and Ms M Smith had attended the site inspection on the 16 February 2015 and could take part in this item. The remaining members left the room. In the absence of the Chair, Mrs A Sinclair chaired this item.

The Committee had held a site inspection on 16 February 2015 in relation to this item. The site inspection viewed the decking from the garden of the applicant and from the adjacent site of the objector. Mr D Jones pointed out physical features relevant to the application and those representing the Applicant and the Objectors were given the opportunity to point out physical features relevant to the application.

Members made the following comments:

• the applicant’s house would overlook the objector’s house with or without the decking;
• having stood on the grassed area behind the decking there was little difference in what could be seen of the objector’s house so removing the decking would make little difference;
• the two upstairs bedroom windows would be overlooking the site no matter what form the boundary was to take;
• a retaining wall would make for a harsh element, the slope was preferable;
• the topography of the area meant that most of the houses in this area looked down on the house in front to some extent; and
• as the view was to the front of the new build it was likely that more time would be spent at the front of the house than at the back where they were overlooked;

Mrs M Paterson, seconded by Ms M Smith, moved that the application be approved.

Reason: The proposal accords with policy 28 and policy 34 of the Highland wide Local Development Plan. The decking sits well in the context of the house and offers no significant intrusion on the plot below than the current grassed area or upstairs bedroom windows.

Mrs A Sinclair moved as an amendment that the application be refused and that the decking be removed. There being no seconder the amendment fell.

The motion therefore became the finding of the meeting and the application was APPROVED without condition.

6. Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

6.1 Applicant: Highland Council (11/02695/FUL) (PLN/002/15)
Location: Dingwall (Ward 09)
Nature of Development: Formation of Kinnairdie Link Road, improvements to Council Buildings Junction and formation of Flood Protection Bund
Recommendation: Grant.

There had been circulated Report No PLN/002/14 by the Head of Planning and Building Standards recommending the grant of the application subject to the conditions detailed therein.

The Team Leader asked the Committee to include an amendment to condition 13 in relation to acoustic fencing and barriers, with pre and post development noise level assessments to be undertaken.

The Principal Engineer, Community Works stated that the Report was comprehensive and that several studies and Reports on this road had been undertaken which supported this application.

The Principal Engineer and Team Leader of the Flood Risk Management Team stated that Dingwall had been identified as a Potentially Vulnerable Area (subject to flooding) and that the ongoing development of a Flood Risk Management Strategy and Local Flood Risk Management Plan for Dingwall was being drafted separate to this application. The Flood Team confirmed that they, along with SEPA, had no objections to the proposal (subject to the proposed conditions being applied) and confirmed that the Flood Risk Assessment and proposed mitigation measures had demonstrated that the development would not worsen the flood risk in Dingwall- specifically in the Burns Crescent area. The draft Flood Risk Management Strategy for Dingwall has assessed the most sustainable measures which could alleviate the flood risk in Dingwall, and a consultation on these draft proposals will commence on 2 March 2015 when the Strategy would be available for three months both on the SEPA website and the Highland Council website. These documents will include draft objectives and list of measures deemed suitable to alleviate flooding (including options such as direct defences along the banks of the burn, enhancement of upstream storage of water and the reduction of run off upstream in the catchment area). Following the consultation period there will be a review of the Strategy and Plan which will then go to full Council for adoption. This will be a 6 year plan.

In response to questions it was confirmed that:

• the applicant had undertaken an assessment to identify any additional works that could be undertaken to reduce the level of flood risk in Dingwall but the assessment had not uncovered any solutions;
• a Highland Council flood warning system had been commissioned for the River Peffery and was due to be available;
• the Flood Team would review possible temporary measures including demountable flood defences which may provide reassurance in the short term;
• the Flood Risk Team had a full time Inspector to monitor all water courses and the River Peffery was inspected on a regular basis;
• the applicant would submit (as per the conditions) further detailed information on the flood mitigation structure to SEPA and THC;
• experts in flood risk had confirmed that this application would not increase the flood risk to Dingwall;
• a developer cannot be required to alleviate existing problems and this developer had gone out of his way to try and find a way to alleviate existing problems but to no avail;
• Environmental Health were largely satisfied that there would be no noise disturbance but any noise disturbance would have to be alleviated by up to 4 metre high acoustic barriers and these barriers had not been received well by residents;
• other noise alleviation methods could be the insulation of houses and the installation of double or triple glazing;
• the existing pedestrian crossing would be changed to a pedestrian crossing with traffic lights and the boardwalk would be kept as short as possible to take the children to the pavement;
• the Planning Department were pressing Network Rail for the half barriers on the crossings to become full barriers under permitted development rights; and
• any construction noise issue would be monitored and regulated by the Environmental Health department;

The Committee thereafter AGREED to grant subject to the conditions as recommended but with condition 13 being amended to read as follows:

A further planning application shall be submitted including a detailed design, location, sections and specification for any proposed acoustic barriers, if required following pre and post development noise level assessments, including materials and finishes (including trade names and samples where necessary) in the form of 3m high noise barriers (solid fencing) adjacent to properties located on Bridgend Court and Burns Crescent and a 4m high noise barrier (solid fencing) adjacent to properties located on Deas Avenue. Thereafter, development and work shall progress in accordance with these approved details.

6.2 Applicant: Mr Ronnie and Laura MacLean (14/02843/FUL) (PLN/003/15)
Location: 3 Mary Street, Bundalloch, Dornie (Ward 06)
Nature of Development: Land 120 m South of Mairicroft
Recommendation: Refuse.

There had been circulated Report No PLN/003/14 by the Area Planning Manager North recommending the refusal of the application for the reasons detailed therein.

Members had the following comments:

• the house was of a sympathetic form and scale with a good design;
• the house would have a 200 to 300 metre backdrop so would not appear prominent in the landscape and would not be on the skyline;
• this was a large house that had been cleverly designed to minimise the visual impact of the house in this setting;
• the road was a twisting road and not all the houses were on the roadside, there was no definite pattern to the houses; and
• new houses should be encouraged;

The Committee AGREED to grant the application subject to conditions to be agreed by the Area Planning Manager in consultation with the local members present and, if necessary, the Chair.

Reason: In view of the exceptionally well designed and finished house it is considered that the proposal can be absorbed within this landscape setting without detriment.

6.3 Applicant: Mr D Bentley, per Matheson, Mackenzie Ross Architects (14/03662/FUL) (PLN/004/15)
Location: Land North of 33 Scouriemore, Scourie (Ward 01)
Nature of Development: Formation of road access, construction of detached dwelling and associated services and demolition of existing shed
Recommendation: Refuse.

Mr G Farlow declared a non-financial interest as he chaired the board of the North West Highlands Geopark Ltd of which both the applicant and two of the objectors were Directors, and left the Chamber during determination of this item.

There had been circulated Report No PLN/004/14 by the Area Planning Manager North recommending the refusal of the application for the reasons detailed therein.

Attention was drawn to an error in the figures in paragraph 1.1 of the Report in relation to the amount of bedrooms in the property where the figure should read 8 and not 7. The Principal Planner also stated that the application was not for a bed and breakfast establishment but for a dwelling house. If the applicant was to consider bed and breakfast in the future he would need to apply for a change of use.

Members had the following comments:

• this development would not be out of line with Scourie as a whole as there were substantial buildings on the other side of the bay;
• Scourie was struggling to maintain its population and houses should be encouraged. It had been over ten years since a house had been built in Scourie and members should visit the site in order to give a fair assessment;
• in comparison with other houses in the area this house would not look so prominent as you could only see this house from a small section of road and it was not on the sky line;
• there were no objections to this application and indeed there had been many expressions of support;
• the design of this large house was poor and did not blend in with the houses in the area; and
• the design of the frontage of the house was too large with no attempt by the applicant to break up the front façade with different materials.

Mr G Phillip, seconded by Mr C Fraser moved that the Committee hold a site inspection.

Mr B Fernie, seconded by Dr A Sinclair moved as an amendment that the application be determined without a site visit.

On a vote being taken, eight votes were cast in favour of the motion and five votes in favour of the amendment as follows:

For the Motion (8)

Mr D Bremner, Mrs I Campbell, Mrs G Coghill, Mr M Finlayson, Mr C Fraser, Mr D MacKay, Mrs M Paterson and Mr G Phillips.

For the Amendment (5)

Mr B Fernie, Mrs A MacLean, Mrs I McCallum, Mr I Renwick and Dr A Sinclair.

The motion therefore became the finding of the meeting and the Committee agreed to DEFER consideration of the application until the next meeting of the Committee and in the meantime to conduct a site inspection at 12 noon on 23 March 2015.

The Committee then broke for lunch at 1.30 pm.

6.4 Applicant: Mrs Anthea Whitehead (14/03817/PIP (PLN/005/15)
Location: Land to North of The Cairns, Culbokie (Ward 10)
Nature of Development: Formation of residential development (30 units) (Planning in Principle)
Recommendation: Grant.

There had been circulated Report No PLN/005/14 by the Area Planning Manager North recommending the grant of the application subject to the conditions detailed therein.

The Senior Engineer outlined amendments to conditions 1, 2 and 6 to be incorporated in the recommendation.

In response to questions it was confirmed that:

• the flood issues should be improved with this development as SUDS would be on site and this would help absorb water and slow the discharge down to the pre-development rate;
• details of surface water drainage was required under Condition 1 and if members were minded a pluvial flood risk assessment could be requested although this would be covered by the building warrant and Road Construction Consent;

The Committee AGREED subject to the prior conclusion, at the Applicant’s expense, of a section 75 Agreement to secure affordable housing, to grant subject to the conditions as recommended but with the following amended conditions:

• in condition 1 add the following: “viii access to adjacent developments site”
• in condition 2 after the words “30 units” insert “including access to adjacent development site”; and
• in condition 6 delete the first two lines and replace with: “Any details pursuant to Condition 1 above shall show footpath provision from the northeast boundary of the site along Glascairn Road (U2626) to the junction with the B9169 and from the southwest boundary of the site along the B9169 to the junction with Glascairn Road (U2626).

6.5 Applicant: RWE Renewables Ltd (14/04554/S42) (PLN/006/15)
Location: Land at Bad a Cheo, Achkeepster, Spittal, Caithness (Ward 04)
Nature of Development: Construction of a 13 wind turbine (105 m to blade tip) wind farm (Bad a Cheo Wind Farm) without compliance with Condition 1 of permission 14/02480/S42; increasing the maximum tip height from 105 m to 112 m.
Recommendation: Grant.

Mrs G Coghill declared a non-financial interest as she had been the Chair of the Community Council when an objection had been lodged against this application and left the room for this item.

There had been circulated Report No PLN/006/14 by the Area Planning Manager North recommending the grant of the application subject to the conditions detailed therein.

The Principal Planner had sent a link to a webcast of images through a panoramic viewer prior to the meeting and this was again shown.

In response to questions it was confirmed that:

• the preferred option had the same hub with an extension to the rotor;
• the Environmental Statement required that once the turbine was selected following a procurement process, it would be looked at again by the Planners to ensure that the turbine procured conformed with the standards and conditions of this statement; and
• this amendment had once again been through consultation with SNH, Roads, the Aviation interest and SEPA and this had been reasonably thorough and no concerns had been raised;

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: Wind Harvest Limited (13/02682/FUL) (PPA-270-2108)
Location: Land 978 m SE of 2 Lochend Holding, Barrock
Nature of Development: Lochend Wind Farm

The Committee NOTED that the appeal to the Director of Planning and Environmental Appeals had been upheld and planning permission had been granted.

There being no further business the meeting closed at 2.45 pm.