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 4 August 2015 at 10.30 am. 

Committee Members Present: 

Mrs I Campbell (excluding items 5.8 and 5.11 to 6.1), Mrs G Coghill (excluding item 5.6), Mr B Fernie (excluding item 5.6 to 6.1), Mr M Finlayson, Mr C Fraser, Mr D MacKay (excluding items 5.10 to 6.1), Mrs A MacLean, Mrs I McCallum, Mr D Millar (excluding item 5.3 and 5.7), Mrs M Paterson, Mr G Phillips (excluding item 5.8), Mr I Renwick (excluding items 1 to 4 and 5.10 to 6.1), Mr A Rhind (excluding items 5.6 to 6.1), Dr A Sinclair (excluding items 5.8, 5.9 and 5.11 to 6.1), Ms M Smith and Mr H Morrison, substitute for Mr G Farlow (excluding items 5.11 to 6.1).

Non-Members present: 

Mr A MacKinnon 

Officials in attendance: 

Mr A Mackenzie, Legal Manager (Regulatory Services) and Clerk
Mr D Jones, Area Planning Manager North
Mrs J Ferguson, Team Leader, Planning 
Mr M Harvey, Team Leader, Planning 
Mr K McCorquodale, Principal Planner 
Mrs E Forbes, Principal Planner 
Ms J Bridge, Senior Engineer
Mr M Smith, Principal Engineer and Team Leader, Flood Team
Mr R Fraser, Environmental Health Officer
Ms A MacArthur, Administrative Assistant

Business

Mrs Isobel McCallum in the Chair

The Chair 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 David Bremner and Mr G Farlow.  

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 9 June 2015 which was APPROVED.

4. Major Applications  
Iarrtasan Mòra 

There had been circulated Report No PLN/037/15 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 Detemined
Iarrtasan Dealbhaidh rin Dearbhadh

5.1 Applicant: Creag Riabhach Wind Farm Ltd (14/00004/S36) (PLN/038/15)
Location: Creag Riabhach, Altnaharra Estate, Altnaharra, By Lairg (Ward 01)
Nature of Development: Erection of a wind farm with the potential to generate 72.6MW
Recommendation: Raise No Objection

There had been circulated Report No PLN/038/15 by the Head of Planning and Building Standards recommending that the Council raise no objection to the application for the reasons detailed therein. 

Following discussion Mrs I McCallum, seconded by Mrs M Paterson moved that the application be determined following a site visit.

Ms M Smith, seconded by Mrs A MacLean, moved as an amendment that the application be determined without a site visit.

On a vote being taken by roll call, 9 votes were cast in favour of the motion and 7 in favour of the amendment as follows: 

For the Motion (9) 

Mrs I Campbell, Mrs G Coghill, Mr M Finlayson, Mr D MacKay, Mrs I McCallum, Mrs M Paterson, Mr G Philips, Mr A Rhind and Dr A Sinclair.

For the Amendment (7) 

Mr B Fernie , Mr C Fraser, Mrs A MacLean, Mr D Millar , Mr H Morrison, Mr I Renwick and Mrs M Smith.

The motion therefore became the finding of the meeting and the Committee AGREED to hold a site inspection on a day and time to be arranged.

5.2 Applicant: Mr B Elias (14/00016/FUL) (PLN/039/15)
Location: Land to North East of Glen View, High Street, Conon Bridge (Ward 09)
Nature of Development: Erection of 3 houses
Recommendation: Refuse.

There had been circulated Report No PLN/039/15 by the Area Planning Manager recommending that the Council refuse the application for the reasons detailed therein.

Mrs J Ferguson advised that reason for refusal number one should be updated as the PAN 69 had been superseded by the Scottish Government online flood risk guidance.

Members’ comments included the following:  

• was the Council responsible for the improvement work required to bring the River Conon up to a 1:200 year flood event standard of protection?
• there was insufficient information on surface water flooding with insufficient freeboard on the River Conon defences to adequately protect the site from flood risk; 
• the Council acknowledged that there was inadequate flood prevention measures at the River Conon, where did this leave the existing houses, only part of the works required had been done in 2007, when would the remainder of the works be completed? 
• could the flood risk be mitigated by raising the property?

Mr M Smith, Principal Engineer and Team Leader, with the Flood Team stated that the Council was responsible for the Conon Bridge Flood Embankment improvement works. The Flood Team had a list of developments to protect against a 1:200 year event and these had to be prioritised for existing properties. New properties had to meet the standard of a 1:200 year event. To achieve a 1:200 year event level of protection the freeboard would need to be raised by 500/600 mm between the road and railway bridges. The current protection was unsatisfactory to allow a new development within the flood risk area. There was an obligation on the Council to maintain the flood defences not to improve them and there were areas in Highland where there were no flood defences and these had priority over existing flood defences.

If the properties were to be raised it would have a detrimental effect on the existing properties and a flood storage area would need to be put in place. The area of ground for the development was not large enough to incorporate a compensatory flood storage area.

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

Ms M Smith, seconded by Mrs M Paterson, moved as an amendment that 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: 

This proposal meets the 1 in 100 year flood event with an appropriate standard of freeboard and as such complies with the existing settlement pattern of the area. 

Mr M Finlayson moved as a further amendment that the application be deferred as the overall area needed to be looked at and this would affect this site. There being no seconder the amendment was withdrawn. 

On a vote being taken by roll call, 6 votes were cast in favour of the motion and 10 in favour of the amendment as follows: 

For the Motion (6)

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

For the Amendment (10) 

Mrs I Campbell, Mrs G Coghill, Mr M Finlayson, Mr C Fraser , Mr D MacKay, Mr D Millar, Mr H Morrison, Mrs M Paterson, Mr A Rhind and Ms M Smith.

The amendment therefore became the finding of the meeting and the Committee AGREED to notify the Scottish Government of the Committee’s decision that it was minded 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, as required due to SEPA’s objection to the application on the basis of flood risk.

5.3 Applicant: Ms Sharon Crabtree (14/003758/FUL) (PLN/040/15)
Location: Dunbreck, Culbokie, Dingwall (Ward 10)
Nature of Development: Change of use of dental surgery to dog day care facility and erection of fencing
Recommendation: Grant.

There had been circulated Report No PLN/040/15 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein. 

Members’ comments included the following: 

• was this property in close proximity to another property?
• could see issues with the internal layout, there appeared to be no segregation between the owner’s four dogs and those boarding; and
• the noise issues with so many dogs.

Mrs J Ferguson stated that the property was 130 – 140 m from the nearest property. The premises would go through licensing process to obtain a licence under the Animal Boarding Establishments Act 1963 in which the internal layout would be considered but the plan did detail a dog holding room, dog exercise area and an indoor play area. In relation to the noise issue comfort could be had from the fact that it was for a temporary period of one year. If there were any noise issues the matter would be reviewed again at the end of the time period with the possibility that the permission would not be renewed.

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

5.4 Applicant: Brora Golf Club (14/04453/FUL) (PLN/041/15)
Location: Land at Brora Golf Club, 25 m East of Little Drumornie, Golf Road, Brora (Ward 05)
Nature of Development: Retrospective planning permission for drainage works to deal with surface water ingress from adjacent land.
Recommendation: Grant.

There had been circulated Report No PLN/041/15 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.

5.5 Applicant: Stoerhouse Highlands (14/04545/FUL) (PLN/042/15)
Location: Construction of a woodfuel Biomass combined heat and power plant (Ward 04)
Nature of Development: Construction of a wood fuel Biomass combined heat and power plant
Recommendation: Grant.

There had been circulated Report No PLN/042/15 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein. 

Mr Fraser, Environmental Health Officer, stated that the regulatory body for emissions to air was SEPA. The Council had a role in ensuring that the process met the air quality objectives and the Council had asked for further dispersal measuring information to ensure this was the case. With regard to noise a Noise Assessment had been submitted by the applicant and further mitigation works agreed.

Members’ comments included the following: 

• it was stated in the report that forestry would be sourced locally but there was very little untapped forest resource in this area; 
• supplies of straw and distiller’s draft were also very poor in the area and some members doubted these could be sourced locally; 
• the lack of local resource would mean a large amount of product having to come up from the South increasing the volume of heavy vehicular traffic, particularly at the Tomich junction; 
• this was a major new development that would have a sizeable impact in the area; 
• the steam generated would settle on the village of Halkirk;
• through government grants there was a lot of forestry and it was now ready for harvesting;
• with the current waiting list for the grid, developments should come forward that provide electricity for villages and not for the grid; 
• in the noise assessment it states that the noise level would be below NR20 – did this relate to 20 dB?
• the report had stated that supplies would come 80% by road and 20% by rail, it was thought this should be reversed with 20% for road and 80% by rail; 
• North Sutherland had a forestry area that was ready to be felled which would alleviate problems sourcing wood locally; and 
• clarification on the lighting in relation to HIAL and MOD; 

Mrs Forbes, Principal Planner stated that there was a large amount of commercial forestry in the Caithness area. In the longer term the Georgemas area had been zoned for industrial use and this facility could give power to the site. There was no specific requirement to consult with MOD or HIAL but it was considered prudent for the applicant to advise them of the height and lighting of the development. The development plan had outlined this area as suitable for industrial use. 

Mr Fraser, Environmental Health Officer stated that the NR20 did not directly mean 20 dB it was a different form of measurement. NR20 roughly equated to 25 dB.

Mrs G Coghill, seconded by Mrs M Paterson moved refusal of the application for the following reason.

Reason: 

The proposal by virtue of its height, scale and massing will have a significant adverse impact on the landscape contrary to policies 29 and 61 of the Highland wide Local Development Plan. 

Mr B Fernie, seconded by Mr A Rhind, moved as an amendment that the application be approved subject to the conditions in the Report. 

On a vote being taken by roll call, 9 votes were cast in favour of the motion and 6 in favour of the amendment as follows: 

For the Motion (9) 

Mrs I Campbell, Mrs G Coghill, Mr C Fraser, Mr D MacKay, Mrs I McCallum, Mr D Millar, Mrs M Paterson, Dr A Sinclair and Ms M Smith.

For the Amendment (6)

Mr B Fernie, Mr M Finlayson, Mrs A MacLean, Mr G Phillips, Mr I Renwick and Mr A Rhind.

Abstained (1)

Mr H Morrison 

The amendment therefore became the finding of the meeting and the Committee AGREED to refuse the application for the reason stated above. 

5.6 Applicant: The Highland Council (15/00341/FUL) (PLN/043/15)
Location: Margaret Carnegie Hostel, Dunvegan Road, Portree, IV51 9GF (Ward 11)
Nature of Development: Demolition of Margaret Carnegie Hostel and Boys Hostel along with the erection of new Gaelic primary school building with outdoor floodlit sports facilities
Recommendation: Grant. 

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

Mr M Harvey advised that three additional conditions relating to a 20 mph speed limit, lighting and surface water were to be added and that condition 1 should be amended. A copy of the additional conditions and amendment to condition 1 had been circulated to members.

The site had been chosen as the best site available by members of the Steering Group. Unfortunately the building was not architecturally pleasing but it was considered acceptable by the Steering Group.

The specification for the exterior of the building would come back to planning for agreement and it would be a mix of timber and concrete panels.

The Committee AGREED to grant subject to the conditions as recommended with the following changes: 

Replace condition 1 with the following:

No development shall take place until detailed and dimensioned plans of the external layout including the accesses for all forms of transport and the vehicle and cycle parking and the drop off areas have been submitted to and approved in writing by the Council. These shall include visibility splays for all junctions, swept path analysis for emergency and service vehicles and the detailed arrangements for the western end of Hedgefield Road. Thereafter the approved plans shall be fully implemented prior to the development being brought into use. The vehicle and cycle parking spaces shown on the agreed plans shall be maintained in perpetuity for use by this development. 

Additional conditions as follows:

12. No development shall take place until detailed plans showing a proposed permanent 20 mph speed limit together with associated signage and traffic calming for the school access route have been submitted to and approved in writing by the Council. A minimum of 12 months prior to the development being brought into use, the developer shall apply to the Council for promotion of a 20 mph traffic order in accordance with the approved plans. Thereafter the Developer shall arrange for the provision of the associated signage and traffic calming as required by any traffic order approved and apply to the Council for implementation of the said Order prior to the development being brought into use. 

13. No development shall take place until a scheme of street lighting covering all pedestrian, cycle and vehicle accesses and parking areas for the school has been submitted to and approved in writing by the Council. Thereafter the approved plans shall be fully implemented prior to the development being brought into use. 

14. No development shall take place until detailed plans of the surface water drainage for the external layout and the accesses has been submitted to and approved by the Council. Thereafter the approved plans shall be fully implemented prior to the development being brought into use. 

5.7 Applicant: Mr Ian MacDonald (15/000435/S75D) (PLN/044/15)
Location: Land 50 m East of Woodside, West Park, Strathpeffer (Ward 06)
Nature of Development: Application to discharge planning obligation of planning permission 12/01782/FUL – Erection of house with garage.
Recommendation: Refuse. 

There had been circulated Report No PLN/044/15 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein. 

The applicant had been refused a mortgage from mortgage lenders as there was a section 75 Agreement over the site. The Scottish Government funded pilot scheme for the provision of self-build mortgages across the Highlands was proposed for earlier this year but had still not commenced. The family had been living in a caravan and had letters from the relevant lenders stating that they refused to lend and would find no other lender willing to lend when there was a section 75 attached to the land.

The Legal Manager stated that there was no reason for a mortgage lender to refuse an application on the grounds of the section 75 Agreement. A clause had been added to the section 75 Agreement giving the mortgage lender the ability to sell the house if the mortgage was defaulted upon.

The Committee AGREED to continue consideration of the application to 15 September 2015 for determination on that day.

5.8 Applicant: Arqiva Ltd per Harlequin Group Ltd (15/00642/FUL) (PLN/045/15)
Location: Wester Coillemore Riding Centre, Invergordon, IV18 0PG (Ward 07)
Nature of Development: Installation of 27 m SMART metering mast with 3 m omni antenna and ground based apparatus.
Recommendation: Grant.

There had been circulated Report No PLN/045/15 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.

5.9 Applicant: Colin and Doreen Carter (15/01513/FUL) (PLN/046/15)
Location: Fasach Wood, Waternish, Isle of Skye (Ward 11)
Nature of Development: Erection of dwellinghouse and double garage, installation of septic tank and Puraflo treatment modules and an air source heat pump.
Recommendation: Grant.

There had been circulated Report No PLN/046/15 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.

5.10 Applicant: RWE Renewables Ltd (15/01857/S42) (PLN/047/15)
Location: Land at Halsary Forest, Watten, Caithness (Ward 04)
Nature of Development: Construction of a 15 wind turbine wind farm (Halsary Wind Farm) without compliance with Condition 1 of permission 09/00399/FULCA to allow an increase in the maximum turbine height from 100 m to 112 m
Recommendation: Grant. 

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

Mr McCorquodale advised that the applicant was Scottish Power and not RWE Renewables Ltd as stated in the Report.

The Committee AGREED to grant subject to the conditions as recommended subject to confirming the final type and position of lighting with the Applicant and HIAL.

5.11 Applicant: Mr R and M Bennett (15/01902/FUL) (PLN/048/15)
Location: Land 600 m SE of 1 Husabost, Totaig, Dunvegan, Isle of Skye (Ward 11)
Nature of Development: Permission to replace existing permission 14/01833/FUL. Erection of house together with access and service connections, wastewater infiltration and shed.
Recommendation: Grant.

There had been circulated Report No PLN/048/15 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.

5.12 Applicant: Partnerships for Renewables Development Company Ltd (15/02006/FUL) (PLN/049/15)
Location: Land at North Clare Forest, West of Fannyfield, Swordale, Evanton (Ward 07)
Nature of Development: Installation of 80m high meteorological mast for temporary period of 3 years
Recommendation: Grant.

There had been circulated Report No PLN/049/15 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.

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: Infinergy Limited (12/04781/S36) (WIN-270-1)
Location: Land 1137 metres South of Creag Leathan, Limekiln Estate, Reay, Caithness
Nature of Development: Construction and operation of Limekiln Wind Farm 

The Committee NOTED that Scottish Ministers had refused the application under Section 36 of the Electricity Act for the construction and operation of the 24 turbine/75 MW Limekiln Wind Farm.  This decision was consistent with the Reporter’s findings, reasoning and conclusions from the Public Local Inquiry conducted from 25 to 28 August 2014 and submitted to Scottish Ministers on 20 February 2015. 

There being no further business the meeting closed at 3.50 pm.