Agendas, reports and minutes

Minute of Meeting of the South Planning Applications Committee held in the Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 23 June 2015 at 10.30 am.

Committee Members Present:

Mr A Baxter, Mrs C Caddick (substitute), Mr B Clark, Mr J Crawford (except items 7.2-7.4), Mrs M Davidson (except items 7.1 and 7.5), Mr D Fallows, Mr L Fraser (substitute) (except items 7.4-10.1), Mr J Gray, Mr M Green, Mr D Kerr (except item 7.4), Mr R Laird, Mr B Lobban (except items 8.1-10.1), Mr T MacLennan, Mr F Parr, Mrs J Slater, Mr H Wood

Non-Committee Member Present:

Mr S Fuller (observing only)

Officials in attendance:

Mr A Todd, Area Planning Manager South
Mr D Mudie, Team Leader
Ms N Drummond, Team Leader
Mr K Gibson, Principal Planner
Mr K McCorquodale, Principal Planner
Mr S Hindson, Planner
Mr M Clough, Senior Engineer, Transport Planning
Ms S Blease, Principal Solicitor (Clerk)
Mrs K Lyons, Principal Solicitor (Planning) 
Miss J Green, Administrative Assistant

Mr J Gray in the Chair

Preliminaries

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.

Business

1. Apologies for Absence
Leisgeulan

Apologies were received from Mr R Balfour and Mr T Prag.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

Item 8.1 – Mr B Lobban (non-financial)

3. 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 19 May 2015 which was APPROVED.

4. Major Applications
Iarrtasan Mòra

There had been circulated Report No PLS/038/15 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.

The Committee NOTED the current position.

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

5.1
Description: Establishment of a Meditation Activity Retreat Facility Centre between Nairn and Forres, within Wester Hardmuir Woodland, Auldearn (15/01766/PAN) (PLS/039/15)
Ward: 19 - Nairn
Applicant: Gomde Trust
Site Address: Land 310M South of Hardmuir Steading, Hardmuir of Boath, Auldearn.

There had been circulated Report No PLS/039/15 by the Area Planning Manager South 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 submission of the PAN and highlighted no material considerations additional to those identified in the report.

5.2
Description: Retention of part of the Beauly - Denny overhead line (BDOL) Temporary Access Track - No 18A - The West Track. (15/01984/PAN) (PLS/040/15)
Ward: 12 – Caol and Mallaig
Applicant: Culachy Estate Management Ltd
Site Address: Land 3480M SE of Aberchalder Lodge, Invergarry

There had been circulated Report No PLS/040/15 by the Head of Planning and Building Standards 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 submission of the PAN and highlighted the following material planning considerations they wished brought to the applicant’s attention:-

• visibility from the Corrieyairack Pass/Path,
• instead of retaining such a long section of track, which was a scar on the landscape, the applicants should consider retaining only the bridges and creating short tracks from these to the Corrieyairack Path which the Estate had until now been using,
• given that the existing permission for the track required its entire removal (including removal of the bridges) and restoration of the land, the applicants would require to provide a convincing justification for the retention of the track (or of any part of it) and, in particular, details of what the track, if retained, would be used for,
• given past drainage problems which use of the track had caused at the bottom end of the Corrieyairack Path, the applicants would need to demonstrate that these would not recur,

together with the other material considerations identified in the report.

5.3
Description: 30MW wind farm (Druim Ba) comprising 10 turbines, each to 126.5m maximum blade tip, together with associated infrastructure, including a substation, anemometer mast, access tracks, borrow pit, temporary construction compound and new site access arrangements. (15/02183/PAN) (PLS/041/15)
Ward: 13 – Aird and Loch Ness
Applicant: Druim Ba Sustainable Energy Ltd 
Site Address: Blairmore, Kiltarlity, Inverness IV4 7HT

There had been circulated Report No PLS/041/15 by the Head of Planning and Building Standards 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 submission of the PAN and highlighted the following material planning considerations they wished brought to the applicant’s attention:-

• landscape impact, and scale and positioning of the turbines within the landscape,
• visibility from higher ground, Craggan Valley, Abriachan, Ardendrain, Culnakirk, the Great Glen Way and any houses in close proximity to the site, including cumulative impacts from the Great Glen Way,
• a substantial archaeological survey was needed, 
• up-to-date ornithological data was needed as the existing data was 5 years old, 
• a clear statement was required of how forestry was to be managed, the forest landscape having changed considerably because of storms in 2014,
• noise was likely to be a substantial issue given that there were residential properties within 1 km of the nearest turbine, so details of noise monitoring and how any noise intrusion would be dealt with would be required,
• explanation was needed of why connection to the Beauly substation was not intended, given that it was closer than the substation proposed for connection,
• explanation was required of why the access route included diversions north east through the forest,
• high quality photomontages/visuals would be essential, those previously submitted with the earlier application having been of poor quality,
• the need to address the reasons for refusal of the previous planning application,

together with the other material considerations identified in the report.

5.4
Description: Construction of 275 / 132kV Gas Insulated Substation. (15/02239/PAN) (PLS/042/15)
Ward: 20 – Inverness South
Applicant: Scottish Hydro Electric Transmission Ltd
Site Address: Land 900M NW of Asgard, Tomatin

There had been circulated Report No PLS/042/15 by the Head of Planning and Building Standards 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 submission of the PAN and highlighted the following material planning considerations they wished brought to the applicant’s attention:-

• noise,
• visual impact,
• landscape impact,
• cumulative rural industrialisation,
• effect of access track,

together with the other material considerations identified in the report.

6. Continued Items
Cuspairean a' Leantainn

6.1
Applicant: Gael Force Marine (10/04986/FUL and 10/04988/FUL) (PLS/043/15)
Location: Land at Thornbush Quay, Anderson Street, Inverness (Ward 15)
Nature of Development: Erection of 38 Flats (10/04986/FUL) and Formation of Communal Landscaped Area (10/04988/FUL) – Update to Original Reports. 
Recommendation: Grant

There had been circulated Report No PLS/043/15 by the Area Planning Manager South recommending the grant of the applications subject to the conditions detailed therein.

These applications had been deferred by the Inverness, Nairn, Badenoch and Strathspey Planning Applications Committee on 24 May 2011 to resolve issues in relation to flooding. They were then re-presented to the South Planning Applications Committee at its meeting on 19 May 2015 and were deferred again to allow for re-advertisement, further consultation and neighbour notification due to the changes in the design to accommodate the reduced floor level because of the flood prevention wall.

Mr K Gibson presented the report and recommendation.

In response to questions, it was confirmed that:-

• A requirement to provide a play area and play equipment could be included within Condition 2 of application 10/04988/FUL.
• The possibility of installing anti-seagull netting could be investigated if necessary.
• Whilst the Council’s speed survey was based on 2007 data, a subsequent check of road accident data on Anderson Street for the five years from 2008-12 had found that there had been no accidents in relation to speeding and that there had been one damage accident to an abandoned car.
• Whilst the number of car parking spaces provided in the application was below Council standards for flatted areas and communal places, Transport Planning was of the view that the level of parking would be appropriate for the application due to the number of cycle parking spaces provided and the site’s proximity to the city centre.
• A condition requiring an up-to-date traffic survey to be undertaken, and requiring that the developer thereafter put in place any mitigation measures which the Planning Authority may require following consideration of the updated survey, could be included within the recommendation.

During discussion Members commented that:-

• Concerns raised by Merkinch Community Council regarding capacity in Merkinch Primary School should be dealt with by planning gain and on-going work currently being conducted by Education Services.
• No issues had been raised by Scottish Water regarding any potential problems with pumping capacity.
• Acceleration, rather than speeding, had been highlighted as one of the main issues in traffic surveys conducted around other areas of Merkinch. However, whilst acceleration could give a perception of speeding, in reality this tended to be below the speed limit.
• Traffic capacity, in particular the effect of heavy goods vehicles serving nearby industrial sites, was highlighted.
• The application had the potential to regenerate what had been a long vacant post-industrial site and the creation of 38 new homes in Inverness was welcomed.
• Surveys undertaken by the Education, Children and Adult Services Committee had shown that there was no imminent prospect of overcrowding at Merkinch Primary School. 
• The potential inclusion of an additional condition requiring a traffic survey to be undertaken was welcomed and local members made a request to be consulted during this process.
• Further information from the applicant regarding their proposals for the landscaped area was required.
• The provision of a play-area and equipment within the landscaped area should be included as a condition and discussion should be held between planning officers and local members regarding the detail of this.
• The plans submitted with the application were of the previous developer’s proposal to build all the flats as affordable housing.
• The applicant should be asked to consider whether they would be able to provide more than the minimum 25% affordable housing required in the recommendation.

The Committee agreed to GRANT planning permission for application 10/04986/FUL subject to the prior conclusion of a s75 agreement to secure affordable housing and other developer contributions as set out in the Report and subject to the conditions recommended in the Report with an additional condition requiring the developer to undertake an up-to-date traffic survey and thereafter to put in place any mitigation measures which the Planning Authority may require following consideration of the updated survey.

The Committee agreed to GRANT planning permission for application 10/04988/FUL subject to the conditions recommended in the Report, with modification of condition 2 to include a requirement to provide a play area and play equipment.

It was further agreed that local members would be consulted by the Planning Case Officer on the traffic survey and any mitigation measures identified as required and on the details of the landscaping and play area and equipment.

7. Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

7.1
Applicant: Morbaine Ltd (15/01381/S42) (PLS/044/15)
Location: South Side of Alcan Site Entrance, North Road, Fort William (Ward 22)
Nature of Development: Amend Condition 17 of 14/02865/FUL to allow Simply Food store to operate from Unit C.
Recommendation: Grant

There had been circulated Report No PLS/044/15 by the Area Planning Manager South recommending the grant of the application to vary Condition 17 of Planning Permission 14/02865/FUL as set out in the recommendation.

Mr A Todd presented the report and recommendation.

In response to questions, the Committee was advised that:-

• Officials were not aware of any firm deal between the developer and Marks and Spencer Simply Food and that any deal so far had been in principle.
• If planning permission was granted, a different food retailer could take up the unit in the future.

During discussion, the general consensus amongst Members was that granting planning permission would increase the certainty of the development proceeding and would be of great benefit to the local community.

The Committee agreed to GRANT the application to vary condition 17 of planning permission 14/02865/FUL in the terms recommended in the Report.

7.2
Applicant: The Highland Council (15/00230/MSC) (PLS/045/15)
Location: Torvean, Inverness (Ward 14)
Nature of Development: Construction of 18 hole golf course, clubhouse, maintenance building, access road, car park & associated works.
Recommendation: Approve Matters Specified in Conditions

There had been circulated Report No PLS/045/15 by the Head of Planning and Building Standards recommending the approval of the matters specified in the conditions subject to the conditions detailed therein.

Mr S Hindson presented the report and recommendation.

In response to questions, the Committee was advised that:-

• The application proposed the increase of the public footpath open access at the side of the existing A82 access gate to 1.5 metres wide.
• The 2 metre wide open public footpath access would have a different type of grass to that used on the golf course and would be mowed to a lower level to differentiate between the footpath and the golf course. 
• The proposed housing access points would be from either a gated entrance from the housing to the golf course or a kissing gate.
• The 60 metre buffer from the centre line of play of the golf course to the boundary of the proposed housing was an internationally recognised standard in terms of golf course design.
• The designer of the golf course was confident that there was sufficient separation between the existing and proposed housing and the centre line of play.
• There was no ball stop fencing proposed in any location within the golf course other than against the A82 and General Booth Road.
• Boundary treatments and landscaping would help to protect the privacy and visibility of nearby housing.
• The provision of detail by the applicant on the elevations of the practice bays for the driving range section of the practice area would be secured by condition.
• Of the 78 car parking spaces being created, 6 would be allocated for disabled parking and this was secured by the planning permission in principle.
• Specific details of the area designated as parkland to the south of the A82 were secured by condition and would be subject to a separate planning application.
• It was the officers’ understanding that the proposal was to create a heathland style course rather than a parkland course in order to provide some variation on what was already available in Inverness.
• A full drainage impact assessment had been undertaken on the site.
• Concerns regarding a number of water courses on the site had been taken into consideration during development of the sustainable drainage system.
• Any future housing development adjacent to the site would be required to produce a drainage impact assessment.
• The flood risk assessment had taken into consideration the changes in elevation and had shown that there would be a net benefit in relation to flooding across the site.
• Storage of electronic buggies had been taken into consideration during the design of the club house and could be accommodated next to the changing rooms.

The Committee agreed to APPROVE the matters specified in the conditions subject to the conditions recommended in the report, under deletion of Condition 1.

7.3
Applicant: The Highland Council (15/01809/S42) (PLS/046/15)
Location: Land Between Dores Road And Torvean, Dores Road, Inverness (Wards 14 and 16)
Nature of Development: Application under Section 42 to develop land without compliance with conditions 15, 16, 17, 18 & 31 of 13/03825/ FUL - Inverness West Link.
Recommendation: Grant

There had been circulated Report No PLS/046/15 by the Head of Planning and Building Standards recommending the grant of the application without compliance with conditions 15, 16, 17, 18 and 31 of planning permission 13/03825/FUL, subject to:

• The modifications to conditions 15 and 18 recommended in the Report, and
• All other conditions pertaining to planning permission 13/03825/FUL, except conditions 16, 17 and 31 which should be deleted.

Mr S Hindson presented the report and recommendation.

In response to questions, it was confirmed that:-

• Consideration in the environmental statement from the original Inverness West Link application had been given to the effect of noise generated from expansion/movement joints in the fixed bridge crossing the River Ness on the river and surrounding area.
• There had been no material changes to the environmental statement since its submission as part of the Inverness West Link application.
• Condition 16 as it stood would not cover maintenance of the expansion/movement joints. However, if the Committee was minded to, a condition relating to the maintenance of the joints could be added.

The Committee agreed to GRANT the application to develop land without compliance with conditions 15, 16, 17, 18 and 31 of planning permission 13/03825/FUL subject to:

• The modifications to conditions 15 and 18 recommended in the Report.
• All other conditions pertaining to planning permission 13/03825/FUL, except conditions 16, 17 and 31 which shall be deleted.
• Addition of a further condition (replacing condition 16) requiring base line measurement of noise from the bridge deck expansion joints when the bridge first came into operation and thereafter maintenance of the bridge deck expansion joints so as to ensure any increase in noise as a result of deterioration in the bridge deck expansion joints could be measured, monitored and adequate mitigation secured to ensure that noise from the bridge deck expansion joints would not have an adverse effect on the amenity of noise sensitive receptors.

7.4
Applicant: Mrs A Edwards (14/04549/FUL) (PLS/047/15)
Location: Angelshare, Abriachan, Inverness (Ward 13)
Nature of Development: Amend layout and erect 2 temporary toilet/shower blocks for 2 years (amendment to 10/03513/FUL).
Recommendation: Grant

Mr D Kerr had advised at the start of the meeting that although he had no interest to declare in this item he elected not to participate. He accordingly left the Chamber for the duration of this item.

There had been circulated Report No PLS/047/15 by the Area Planning Manager South recommending the grant of the application subject to the conditions detailed therein.

Mr K Gibson presented the report and recommendation.

In response to questions, it was confirmed that:-

• The conditions had been phrased to ensure that the business would not be able to operate until the foul water treatment plant had been replaced.
• Discussion would be held with the applicant regarding the provision of cycle parking, bins and tree planting.
• The immediate action available in the event of non-compliance by the applicant with the conditions would be to serve a temporary stop notice preventing them from occupying the camping pods and ancillary facilities.

During discussion Members commented that:-

• The applicant’s failure to comply with the conditions of the existing planning permission was extraordinary, particularly the lack of a foul water drainage system.
• Issues around noise, open fires and similar incidents close to neighbouring property should be addressed by the requirement of the applicant to possess a caravan site licence.
• Enforcement action should be taken immediately in the event that any conditions of the permission were not complied with.
• Assurance was sought, and received that, should the applicant continue to operate in the current manner, an enforcement notice would be served requiring work on the site to stop.

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

Members confirmed that they would wish enforcement action taken immediately in the event that any conditions of the permission were not complied with.

7.5
Applicant: Monument Leisure Ltd (15/01415/FUL and 15/01419/LBC) (PLS/048/15)
Location: Drumossie Hotel, Drumossie Brae, Inverness (Ward 20)
Nature of Development: Alterations to entrance steps and extension to form restaurant.
Recommendation: Grant 

There had been circulated Report No PLS/048/15 by the Area Planning Manager South recommending the grant of the application subject to the conditions detailed therein.

Mr D Kerr requested that this application be deferred for a site visit.

Following discussion on whether a site visit would be of benefit, a vote was taken, by show of hands, on whether to defer consideration for a site visit or to proceed to consider the application. Votes were cast as follows:

Those in favour of deferring consideration for a site visit (5)

Mr A Baxter, Mr B Clark, Mr D Kerr, Mr T Maclennan, Mr H Wood.

Those in favour of considering the application (10)

Mrs C Caddick, Mr C Crawford, Mrs M Davidson, Mr D Fallows, Mr J Gray, Mr M Green, Mr R Laird, Mr B Lobban, Mr F Parr, Ms J Slater.

There being 10 votes in favour of considering the application and 5 votes in favour of deferring consideration of the application for a site visit, the Committee AGREED to proceed to consider the application

Ms N Drummond presented the report and recommendation.

In response to questions, it was confirmed that:-

• The alterations would have to be compliant with building standards in terms of The Disability Discrimination Act.
• The blue tinge on the illustrations of the glazing had been used to differentiate between the glazing and the front fascia and an appropriate colour could be secured to make it plain glass.

During discussion Members commented that:-

• Whilst concern was expressed that the applicant had not complied with previous regulations, the proposed alterations would improve the external appearance of the building.
• Whilst it was acknowledged that the proposed alterations were at a lower level and to the side of the main entrance, this would still have an effect on the view of the front of the building.
• Surprise was expressed that neither Historic Scotland nor the Council’s Conservation Officer had highlighted the importance of the frontage of the building.
• The proposed alterations were a step too far on a building that was losing its identity and would destroy the character of what was a fine building.
• Listed buildings were in their entirety, not just the front, and this building had been modified significantly over the years.
• The building provided an excellent economic benefit to Inverness.
• The way in which the alterations had been dealt with was unfortunate.
• Whilst the application would cause a major detraction from the front of the building, the officer’s recommendation should be accepted.

The Committee agreed to GRANT planning permission and listed building consent subject to the conditions recommended in the Report and prior notification to Historic Scotland of the intention to grant listed building consent.

7.6
Applicant: Mr John Appleton, RES (15/01784/FUL) (PLS/049/15)
Location: Land at Carn Ghriogair, Aberarder Estate, Aberarder, Inverness (Ward 13)
Nature of Development: Erection of a 50m guyed mast to facilitate meteorological measurements and community broadband, relating to the proposed Aberarder Wind Farm (temporary for 24 months).
Recommendation: Grant

There had been circulated Report No PLS/049/15 by the Area Planning Manager South recommending the grant of the application subject to the conditions detailed therein.

Ms N Drummond presented the report and recommendation.

In response to questions, it was confirmed that:-

• The provision of community broadband was not considered to be a material consideration as the proposal was for a temporary two year period.
• The application had to be considered separately from any subsequent application in accordance with legislative requirements.
• The mast would be used to measure the extent of wind energy available on the site. However, whilst there was a clear link in terms of any future request for planning permission, the application had to be dealt with on its own merits.
• Policy 28 of the Highland-wide Local Development Plan supported developments which promoted and enhanced the social and economic wellbeing of the people of Highland.

During discussion Members commented that:-

• The application had been submitted in order to obtain funding for a proposed wind farm as the developer would not obtain funding until the wind speed had been officially recorded.
• There had been no mention within the report of the application’s social or economic benefit to the community.
• There was a contradiction in terms between the officer’s view that the mast would not be visible from the main road and the Civil Aviation Authority stating that it did not object to the application subject to conditions to ensure that the mast was visually conspicuous.
• It would be entirely inappropriate to erect a mast in an area of wild land as it would be an alien feature entirely out of keeping with anything in the landscape.

Mrs M Davidson, seconded by Mr J Crawford, then moved that the application be refused on the grounds that:-

• The development would be contrary to Policy 61 of the Highland-wide Local Development Plan (HwLDP) in that it would be of inappropriate height and scale and as such was not designed to reflect the landscape characteristics and special qualities identified in the Landscape Character Assessment of the area in which it is proposed.
• By reasons of its height and scale the development was judged to be significantly detrimental in terms of its impact on landscape and by failing to demonstrate sensitive siting (criteria 9 and 10 of Policy 28 of the HwLDP) and as such would not accord with the HwLDP.

The Chairman, seconded by the Vice Chairman, then moved as an amendment that the application be granted subject to the conditions recommended in the report.

On a vote being taken, 13 votes were cast in favour of the motion and 2 votes in favour of the amendment as follows:-

Motion

Mr A Baxter
Mrs C Caddick
Mr B Clark
Mr C Crawford
Mrs M Davidson
Mr M Green
Mr D Kerr
Mr R Laird
Mr B Lobban
Mr F Parr
Mr T Maclennan
Ms J Slater
Mr H Wood 

Amendment

Mr D Fallows
Mr J Gray

The motion to REFUSE planning permission for the reasons stated accordingly became the finding of the meeting.

8. Appeal against Non-Determination

8.1
Applicant: Reidhaven Estates (14/03675/S42 & 14/03676/S42) (PLS/050/15)
Location: Land to the North West of Dalfaber Farm, Dalfaber Drive, Aviemore (Ward 21)
Nature of Development: Section 42 applications to vary conditions attached to planning permissions in principle (07/144/CP & 07/145/CP).
Recommendation: That this report be submitted as the Council’s response to the appeals lodged.

Declaration of interest – Mr B Lobban declared a non-financial interest in this item on the basis that he was an objector to the applications and left the chamber for the duration of this item.

There had been circulated joint Report No PLS/050/15 by the Area Planning Manager South and the Head of Corporate Governance advising that the Section 42 applications to vary conditions attached to planning permissions in principle to develop land to the North West of Dalfaber Farm, Dalfaber Drive, Aviemore had been appealed on the grounds of non-determination and would be determined by a Reporter appointed by The Scottish Government. As part of this process, it was recommended that the Committee approve the submission of the Report to the Directorate for Planning and Environmental Appeals as the Council’s response to the appeals lodged.

The Committee agreed to SUBMIT THE REPORT as the Council’s response to the appeals lodged.

9. 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

9.1
Applicant: Mr R Grant (ENA-270-2012)
Location: Clisham, 71 Culduthel Road, Inverness IV2 4HH (Ward 16)
Nature of Development: Extension to house.

The Committee NOTED that the appeal had been dismissed and the enforcement notice upheld.

10. Tree Preservation Order
Òrdugh-gleidhidh Chraobhan

10.1
Confirmation of Tree Preservation Order (TPO/126/2015) (PLS-051-15)
Eskart, Balmacaan, Drumnadrochit

The Committee agreed to CONFIRM the Tree Preservation Order as it stood.

The meeting ended at 1.20 pm