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 28 April 2015 at 10.30 am.  

Committee Members Present: 

Mr D Bremner, Mrs I Campbell, Mrs G Coghill, Mr B Fernie, Mr M Finlayson (excluding item 5.2), Mr C Fraser (excluding items 5.2 and 5.5 - 6.1), Mr D MacKay, Mrs A MacLean, Mrs I McCallum, Mr D Millar (excluding items 5.3 and 5.4), Mrs M Paterson, Mr G Phillips (excluding item 5.5), Mr A Rhind (excluding items 5.1 and 5.2), Dr A Sinclair and Ms M Smith.

Non-Members present: 

Mrs J Barclay
Mr R Saxon
Mr J Stone

Officials in attendance:

Mr A Mackenzie, Legal Manager (Regulatory Services) and Clerk 
Mr D Jones, Area Planning Manager North
Mr D Mudie, Team Leader – HQ
Mr M Harvey, Team Leader – Skye
Mr B Robertson, Principal Planner
Ms D Stott, Principal Planner 
Ms J Bridge, Senior Engineer
Mr S Taylor, 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 G Farlow. 

2. Declarations of Interest  
Foillseachaidhean Com-pàirt

Item 5.2 – Mr M Finlayson (non-financial)
Item 5.5 – Mr G Phillips (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 24 March 2015 which was APPROVED.

4.  Major Applications  
Iarrtasan Mòra 

There had been circulated Report No PLN/020/15 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.

The Committee NOTED the Report. 

5. Planning Applications to be Determined 
Iarrtasan Dealbhaidh rin Dearbhadh

5.1 Applicant: Iain Elliot Limited (13/04534/PIP) (PLN/021/15) 
Location: Land west of Muir of Ord Industrial Estate, Great North Road, Muir of Ord (Ward 09) 
Nature of Development: Mixed use development comprising Class 4 (business/ office), Class 1 (garden centre/horticultural retail), Class 9 (private and affordable houses), creation of formal and informal open space, footpaths and improved footway on the A862.
Recommendation: Grant. 

There had been circulated Report No PLN/021/15 by the Area Planning Manager North recommending the grant of the application subject to the conditions detailed therein. 

Ms D Stott presented the Report and advised that at section 9.1 of the report, the second paragraph should be deleted. She also advised that in the last line of Condition 18, “Condition 15” should be replaced with “Condition 16”. 

Members’ comments included the following: 

• The cycle route between Muir of Ord and Beauly and would enhance the link between the two villages.
• Whilst the objections raised by residents in Windhill were recognised, affordable housing was welcomed by the community and was in one of the few areas of land left in Muir of Ord which had not been developed.
• The proposal for new business on the site was welcomed.
• SEPA had raised valid concerns regarding smell and noise from the SGL Carbon site.
• The small number of objections to the development was highlighted.
• Safe road access, which had been a major concern, had been addressed.
• The applicant’s contribution towards education and community facilities and public transport was welcomed.
• The protection of the Windhill standing stone and the repair and retention of the dry stone dyke was also welcomed.
• Concerns regarding the proximity of the industrial estate, which was one of the biggest providers of jobs in the village, had been addressed.
• The lack of concerns arising from the Report illustrated the benefits of thorough discussion between the developer, the community and planning officials prior to submission of the application.

In response to a question it was confirmed that:

• Rerouting of the overhead power line underground would be included as part of the discussion with developers during development of a detailed application.

The Committee AGREED subject to prior conclusion, at the Applicant’s expense, of a section 75 Agreement to secure: 25% affordable housing contribution, together with contributions towards education, community facilities and public transport, to grant subject to the conditions as recommended. 

5.2 Applicant: The General Trustees of the Church of Scotland (14/01674/FUL and 14/01912/LBC) (PLN/022/15) 
Location: The Old Manse, Innes Street, Plockton, IV52 8TW (Ward 06) 
Nature of Development: 14/01674/FUL Erection of 2 semi-detached houses, access road, turning and parking and 14/01912/LBC Takedown of 4.0 m run of stone perimeter walling along Innes Street to facilitate vehicular access to site.
Recommendation: Grant.

Mr M Finlayson declared a non-financial interest as an Elder of the Church of Scotland and left the room during this item.

There had been circulated Report No PLN/022/15 by the Area Planning Manager North recommending the grant of the application subject to the conditions detailed therein. Pictures of the site were distributed and members were given time to peruse. 

Mark Harvey presented the Report and advised that the acting Head teacher of the primary School had lodged a representation but her name was not acknowledged on the list attached to the report. Similarly a further letter had been received from Mr A Nicholson. Although the representations made were reflected in other letters, copies were available if members wished to read them.

In response to a question it was confirmed that:

• The visibility requirement of 25 metres was based on national guidance “Designing Streets” which recommended this distance in villages with a 20 miles per hour speed limit.
• The 25 metre visibility distance on the road had been confirmed by the senior engineer during her on-site inspection.
• Whilst parking around the school area slowed down traffic, this would not cause a complete block on visibility.
• Traffic generated by the application would not significantly affect road safety in this area.
• The site did not meet Policy 75 of the Highland-wide Local Development Plan as the Council did not own the land and it had been at the owner’s discretion to allow the school to use it as a recreational area.
• It was confirmed that the over-growth of ivy would be removed during the partial demolition of the boundary wall to the left of the access.
• The roads authority held powers to ensure that visibility splays within the public road boundary were kept clear of any subsequent ivy growth.

Members made the following comments: 

• Whilst concerns had been raised regarding the potential impact on traffic outside the school, the activity that took place in this area actually slowed down traffic and therefore any impact would be negligible.
• The design of the houses was in keeping with the neighbouring property.
• Given the nature of the frontage wall, which sat slightly raised, the majority of the houses would not be visible from the road.
• There would be a degree of adult supervision outside the school when the traffic would be at its busiest as parents would be picking up their children.
• the 20mph speed limit together with the narrowness of the road alleviated concerns regarding the proximity of the school to the road.

The Committee AGREED to grant subject to the conditions as recommended.

5.3 Applicant: The Highland Council (14/03574/FUL and 14/03576/LBC) (PLN/023/15)
Location: Drummuie Area Office, Golspie (Ward 05) 
Nature of Development: Reconstruct chimney stack to original height, but at 800 mm thickness using original stones plus additional stonework.
Recommendation: Grant planning permission and refer Listed Building Consent application to Historic Scotland.

There had been circulated Report No PLN/023/15 by the Area Planning Manager North recommending the grant of the application subject to the conditions detailed therein.

Mr B Robertson presented the Report and advised that at section 8.4 of the report, the first sentence should read: “The original proposal was for the reduction in height of the existing chimney stack.” He also advised that in section 8.4 the last line of the third paragraph, “This outlined 6 options which were (we should summarise)” should be deleted. 

Members made the following comments: 

• Whilst being fully supportive of the application, concern was expressed at the amount of money spent to date on scaffolding and that officials should take into consideration the value of money over time when assessing the available options.
• The difference in potential project costs between option 1 and option 2 would be roughly the same amount already spent on scaffolding.
• It was unacceptable of the Council to take a differing viewpoint on the building’s listed status from Historic Scotland on the basis that it owned the building.

The Committee AGREED to grant subject to the conditions as recommended.

5.4 Applicant: RSPB on behalf of the Peatlands Partnership (15/00517/FUL) (PLN/024/15)
Location: Land 175 m NE of Forsinard Hotel, Forsinard (Ward 01) 
Nature of Development: Erection of field centre with bio mass plant room and flue (amendment to previous planning permission 13/04401/FUL).
Recommendation: Grant.

There had been circulated Report No PLN/024/15 by the Area Planning Manager North recommending the grant of the application subject to the conditions detailed therein. 

The Committee AGREED to grant subject to the conditions as recommended.

5.5 Applicant: Nigg Wind Energy Ltd (15/00690/FUL) (PLN/025/15) 
Location: Land South of Wester Rarichie Farm, Fearn, Tain (Ward 08)
Nature of Development: Erect guyed meteorology mast up to 60 m in height 
Recommendation: Grant.

Mr G Phillips declared a non-financial interest as a Director of Kilbraur Wind Energy Co-op, which has affiliations with Falck Renewables which may have a relationship with Nigg Wind Energy Ltd and left the room during this item. 

There had been circulated Report No PLN/025/15 by the Area Planning Manager North recommending the grant of the application subject to the conditions detailed therein.

Members made the following comments: 

• Whilst there had been a perception from some members of the public that the application was for something different, the report was accurate and Members understood what they were being asked to approve.

The Committee AGREED to grant subject to the conditions as recommended.

5.6 Applicant: Mr Magnus Henderson per Wind Harvest Ltd (13/04194/FUL) (PLN/026/15)
Location: Land at Hill of Lychrobbie, Dunbeath (Ward 04) 
Nature of Development: Erection of 3 no 800 kw wind turbines, with a height to tip of 74 m, height to hub of 50 m and a rotor diameter of 24 m
Recommendation: Refusal.

There had been circulated Report No PLN/026/15 by the Area Planning Manager North recommending the refusal of the application for the reasons detailed therein.

Before any presentation of the Report and recommendation took place, the Clerk advised Members that various aspects of the Committee’s scheme of delegation to officers and the protocols for referral to committee had been brought to his attention which would require examining in order to establish whether the application had been correctly referred to the Committee. Therefore, he recommended that the application be deferred. 

In response to questions, the Committee was advised that:

• The application was not a major application and therefore it was not proposed to draft conditions for a recommendation to grant.
• The opportunity was always available for applicants to discuss alternative proposals with planners.
• Whilst it was not appropriate at this stage to discuss exploratory work undertaken by Members on radar issues in relation to this application without going on to discuss the merits of the application, the information could be looked at as part of the wider assessment of radar issues.

The Committee agreed to DEFER consideration of the application

6. 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

6.1 Applicant: Nicholas MacKenzie (13/00284/FUL) (PPA-270-2116)
Location: Rootfield Farm, Muir of Ord, IV6 7RF
Nature of Development: Installation of one wind turbine (24.6 m to hub), access and associated works

The Committee NOTED that the appeal to the Director of Planning and Environmental Appeals had been dismissed and planning permission to install one wind turbine (24.6 m to hub), access and associated works refused.

There being no further business the meeting closed at 12.25 pm.