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 9 June 2015 at 10.30 am.

Committee Members Present:

Mr D Bremner, Mrs I Campbell, Mrs G Coghill, Mr G Farlow (excluding item 6.3), Mr B Fernie, Mr M Finlayson, Mr C Fraser, Mr D MacKay, Mrs A MacLean, Mr D Millar (excluding item 6.3, and 7.3 to 8.2), Mr I Renwick (excluding item 6.1), Mr A Rhind, Dr A Sinclair, Ms M Smith (from Item 5, excluding item 7.1 and 7.2) and Mr A MacKinnon, (substitute for Mrs M Paterson, (excluding items 6.3 and 7.1 to 8.2).

Non-Members present:

Mrs F Robertson
Mr J Rosie

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 B Robertson, Principal Planner
Mr N Brockie, Planner
Mrs E McArthur, Principal Planner
Ms J Bridge, Senior Engineer
Mr S Mogashi, Roads Department
Mr J Ashford, Building Officer (Maintenance)
Ms A MacArthur, Administrative Assistant

Business

Mrs Audrey Sinclair 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 Mrs M Paterson, Mr G Phillips and Mrs I McCallum.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

There were no declarations of interest.

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 28 April 2015 which was APPROVED.

4. Major Applications
Iarrtasan Mòra

There had been circulated Report No PLN/027/15 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. Major Developments – Pre-application consultation
Leasachaidhean Mòra – Co-chomhairle Ro-iarrtais

5.1 Description:Erection of 50 residential units (15/01941/PAN) (PLN/028/15)
Ward: 10
Applicant:Paterson Estates Ltd per Threesixty Architecture
Site Address: Land 90 m NW of Greenside Farmhouse, Courthill Road, Rosemarkie

There had been circulated Report No PLN/028/15 by the Area Planning Manager on the submission of a Proposal of Application Notice (PAN), describing the site and setting out likely relevant policies and potential material planning considerations.

The Committee NOTED the Report.

6. Continued Items
Cuspairean a' Leantainn

6.1 Applicant: The Highland Council (14/03574/FUL and 14/03576/LBC) (PLN/029/15) (PLN/023/15)
Location: Drummuie Area Office, Golspie (Ward 05)
Nature of Development: Reduce height of chimney from 6.35m to 3.75m from gutter line.
Recommendation: Grant planning permission and refer Listed Building Consent application to Historic Scotland.

There had been circulated Report No PLN/029/15 and previous Report PLN/023/15 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

The Report advised that this proposal had been considered by the Committee at its meeting on 28 April 2015 when Option 4 was agreed. However subsequent to this decision Historic Scotland advised that Option 2 was considered acceptable. The Report therefore recommended Option 2.

The Committee AGREED to:

1. refer 14/03576/LBC to Historic Scotland with a recommendation to approve subject to suggested conditions/notes to applicant; and
2. grant 14/03574/FUL subject to conditions as recommended.

6.2 Applicant: Mr and Mrs M MacLennan (14/03218/FUL) (PLN/030/15) (PLN/090/14)
Location: Erection of house and garage (Ward 10)
Nature of Development: Land 445 m NE of 5 Kinbeachie, Culbokie
Recommendation: Refuse.

There had been circulated Report No PLN/030/15 and previous Report PLN/090/14 by the Area Planning Manager recommending the refusal of the application for the reasons detailed therein.

Mr D Jones stated that the applicant had not been prepared to enter into a Section 75 agreement due to difficulties in obtaining funding. The applicant had been advised that a new Scottish Government funded pilot scheme for the provision of self-build mortgages across the Highlands is proposed in the near future.

The Committee AGREED to refuse for the reasons stated.

6.3 Applicant: Mr D Hymer (10/03063/FUL) (PLN/031/15) (PLN/010/15)
Location: Farm Steading, Watten Mains Farm (Ward 4)
Nature of Development: Demolition and alteration of existing agricultural buildings and erection of 2 new general purpose agricultural buildings
Recommendation: Refuse.

There had been circulated Report No PLN/031/15 by the Area Planning Manager recommending the refusal of the application for the reasons detailed therein.

Members discussed whether the buildings were curtilage listed with Watten Mains House.

Mrs G Coghill, seconded by Mr D Bremner, moved to reject the curtilage listing for the following reason.

Reason: There is physical and visual separation evidenced through vegetation and modern development namely the band of trees and the more modern farm building.

There being no amendment the motion therefore became the finding of the meeting and the Committee AGREED:

1. that the existing agricultural buildings were not“curtilage listed” due to their physical and visual separation from the farmhouse as evidenced by vegetation and modern development, namely the band of trees and the “Atcost” building;
2. to defer consideration of the application to allow the applicant to undertake a bat survey.

7. Planning Applications to be Detemined
Iarrtasan Dealbhaidh rin Dearbhadh

7.1 Applicant: Mrs J Stewart (15/00048/PIP) (PLN/032/15)
Location: Plot 101, Laid, Loch Eriboll (Ward 3)
Nature of Development: Erection of house, formation of new access and private drainage system
Recommendation: Grant.

There had been circulated Report No PLN/032/15 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

The Committee AGREED to grant subject to the conditions as recommended with condition 4 amended to substitute 180m for 215m.

7.2 Applicant: Natural Retreats (14/01808/PIP) (PLN/033/15)
Location: Land NW of Seaview Hotel, John O’Groats (Ward 4)
Nature of Development: Permission in principle for mixed use development masterplan including residential and commercial
Recommendation: Grant.

There had been circulated Report No PLN/033/15 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

Mr N Brockie advised that condition 2 should be re-worded to read:

“No development shall commence within any of the zones identified in the approved masterplan until a strategic Transport Assessment (TA) has been submitted to, and approved in writing by, the Planning Authority (in consultation with the Roads Authority/Transport Planning).

The TA shall consider the transport and parking needs of the overall site, existing and proposed and where necessary identify suitable measures to mitigate the impact of the development on the local transport network.

The TA shall be prepared in accordance with the requirements of the Transport Scotland document– Transport Assessment Guidance and the Council’s Guidance on the Preparation of Transport Assessments (copy attached). Prior to its preparation, the detailed scope of the TA shall be agreed with the Council’s Transport Planning team.

Thereafter, development shall proceed at a particular zone only after detailed access and parking arrangements for that zone have been approved in writing by the Planning Authority (in consultation with the Roads Authority/Transport Planning).

Reason: To ensure that an adequate level of access and parking is timeously provided for the development; in the interests of road safety and amenity.”

In response to questions it was confirmed that:

• the parking area would be increased overall and there was a planning duty to maintain the car parking quota throughout the development;
• as the Council owned the car park area and leased it, the Council had additional control of the land;
• the harbour remained in the ownership of the Council and there would be no impact on the harbour or its access;
• as the masterplan was very schematic there was flexibility and the planning service would have input in every application that came forward;
• community consultation between the applicant and the local residents would be ongoing;
• a large work of art was to be added at the furthest point which would encourage more visitors to the area;
• local materials would be incorporated in the work of art and the framing of the iconic view of the last house would be protected;

The Committee AGREED to grant subject to the conditions as recommended with condition 2 amended as above.

7.3 Applicant: Mr Tim Kirk (15/00327/FUL) (PLN/034/15)
Location: Land to North East of Tower View, Fearn (Ward 8)
Nature of Development: Erection of house with integral garage
Recommendation: Refuse.

There had been circulated Report No PLN/034/15 by the Area Planning Manager North recommending the refusal of the application for the reasons detailed therein.

Members’ comments included the following:

• the presentation appeared misleading as the area was not as flat as it appeared in the photographs;
• there were several large two storey buildings within the area that were not considered to be blots on the landscape;
• the house would only be viewed from a small part of the B9166 road;
• the community council had written in support of the application;
• clear planning advice had been given at the pre-application stage and the applicant had chosen to ignore the advice; and
• if the application was to be granted a condition should be added for screening of the house;

Mrs A MacLean, seconded by Ms M Smith, moved the recommendation be agreed and the application refused for the reasons detailed in the Report.

Mr A Rhind, seconded by Mr D MacKay, moved as an amendmentthat the application be approved subject to conditions to be agreed by the Area Planning Manager in consultation with the local members present and, if necessary, the Chair for the following reason:

Reason:

Within sight there are examples of similar builds of similar size therefore it is considered that by virtue of its design and scale the proposal is deemed acceptable subject to appropriate finishes and screening to allow it to reflect similar designs in the landscape.

On a vote being taken by roll call, 4 votes were cast in favour of the motion and 9 in favour of the amendmentas follows:

For the Motion (4)

Mr C Fraser, Mrs A MacLean, Mr I Renwick and Ms M Smith.

For the Amendment (9)

Mr D Bremner, Mrs I Campbell, Mrs G Coghill, Mr G Farlow, Mr B Fernie, Mr M Finlayson, Mr D Mackay, Mr A Rhind and Dr A Sinclair.

The amendment therefore became the finding of the meeting and the Committee AGREED to grant subject to conditions to be agreed by the Area Planning Manager in consultation with the local members present and, if necessary, the Chair.

7.4 Applicant: Mr R and Ms J McCallum (15/00411/FUL) (PLN/035/15)
Location: Site 1, Land to South West of Ness Farmhouse, Ness Road East, Fortrose (Ward 5)
Nature of Development: Erection of house.
Recommendation: Grant.

There had been circulated Report No PLN/035/15 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.

7.5 Applicant: Mrs F and Mrs G McCallum (15/00412/FUL) (PLN/036/15)
Location: Site 2, Land to South West of Ness Farmhouse, Ness Road East, Fortrose (Ward 10)
Nature of Development: Erection of house
Recommendation: Grant.

There had been circulated Report No PLN/036/15 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.

8. 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

8.1 Applicant: Spittall Hill Wind Farm Ltd (13/04559/FUL and 14/00052/REFCA) (PPA-270-2119)
Location: Spittal Hill Wind Farm
Nature of Development:Wind Farm comprising 7 wind turbines with a maximum tip height of 100 m, and with an installed generating capacity of up to 21 megawatts. Associated infrastructure includes wind turbine transformers, a meteorological mast new and upgraded access tracks, control building and substation, underground cables, and a temporary construction compound.

The Committee NOTED that the appeal to the Directorate of Planning and Environmental Appeals had been dismissed and planning permission refused.

8.2 Applicant: Mr Graham O’Neill (14/02059/FUL) (PPA-270-2011)
Location: Keeper’s Cottage, Strathsteven, Brora, KW9 6NL
Nature of Development: Failure to comply with conditions attached to planning permission ref 14/02059/FUL, granted on 11 August 2014, for the change of use of land for business use (pony trekking centre), formation of vehicular access, and installation of a portacabin.

The Committee NOTED that the appeal to the Director of Planning and Environmental Appeals had been allowed and that the enforcement notice dated 16 December 2014 had been quashed.

There being no further business the meeting closed at 1.35 pm.