Agendas, reports and minutes

Minute of the meeting of the North Planning Applications Committee held on site at Creag Riabhach, Altnaharra Estate, Altnaharra on Monday 14 September 2015 at 10.30 am and in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 15 September 2015 at 10.30 am. 

Committee Members Present: 

Site Inspection Meeting on 14 September:
Mrs G Coghill, Mr B Fernie, Mr M Finlayson, Mr C Fraser, Mr D Mackay, Mrs A MacLean, Mrs I McCallum, Mrs M Paterson, Mr G Phillips, Dr A Sinclair, Mr H Morrison, substitute for Mr G Farlow and Mr R Greene, substitute for Mrs I Campbell.

Non-Members Present: 

Mrs L Munro 

Scheduled Meeting on 15 September:
Mr D Bremner (excluding item 5.1, 7.1 and 7.2), Mrs G Coghill, Mr B Fernie, Mr M Finlayson (excluding items 6.2 to 7.2), Mr C Fraser (excluding item 5.2), Mr D MacKay (excluding item 6.1), Mrs A MacLean, Mrs I McCallum, Mrs M Paterson, Mr G Phillips (excluding items 6.3, 7.1 and 7.2), Mr I Renwick (excluding item 5.1), Dr A Sinclair and Ms M Smith (excluding item 5.1 and 6.4 to 7.2), Mr H Morrison, substitute for Mr G Farlow and Mr R Greene, substitute for Mrs I Campbell (excluding item 5.2). 

Non-Members Present: 

Mrs L Munro, Mrs D MacKay and Mr I Cockburn.

Officials in attendance: 

Site Inspection Meeting on 14 September: 
Mr A Mackenzie, Legal Manager (Regulatory Services) and Clerk 
Mr K McCorquodale, Principal Planner
Mrs A MacArthur, Administrative Assistant 

Also in attendance:

For the Applicant: Mr T Philpott, Craig Riabhach Estate
Mr M Cummings and Mr R Bakker, Altnaharra Estate 
Mr J Johnstone, Bettyhill, Strathnaver and Altnaharra Community Council
Mr D MacLeod, Melness, Tongue and Skerray Community Council
Ms H McDade, John Muir Trust
Objectors: Mr P Batten and Ms D Lloyd

Scheduled Meeting on 15 September: 
Mr A Mackenzie, Legal Manager (Regulatory Services) and Clerk 
Mr D Jones, Area Planning Manager North
Mr D Mudie, Team Leader
Mr K McCorquodale, Principal Planner
Mrs E Forbes, Principal Planner 
Mr David Barclay, Planner
Mrs S Hadfield, Planner 
Ms J Bridge, Senior Engineer
Mrs 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

Site Inspection Meeting on 14 September:

Apologies were intimated on behalf of Mrs I Campbell, Mr G Farlow, Mr D Millar, Mr I Renwick, Mr A Rhind and Ms M Smith. 

Scheduled Meeting on 15 September: 

Apologies were intimated on behalf of Mrs I Campbell and Mr G Farlow. 

2. Declarations of Interest  
Foillseachaidhean Com-pàirt 

Item 5.2 – Mr C Fraser (non-financial)
Item 5.2 – Mr R Greene (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 4 August 2015 which was APPROVED.

4.  Major Applications  
Iarrtasan Mòra 

There had been circulated Report No PLN/050/15 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.  Continued Items
Cuspairean a' Leantainn 

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

Mrs G Coghill, Mr B Fernie, Mr M Finlayson, Mr C Fraser, Mr D MacKay, Mrs A MacLean, Mrs I McCallum, Mrs M Paterson, Mr G Phillips, Dr A Sinclair, Hugh Morrison and Mr R Greene had attended the site inspection on the 14 September 2015 and could take part in this item. Mrs L Munro had requested and been granted the opportunity to speak to this item.

Mrs M Smith asked that her disappointment in being unable to attend the site visit be noted although she understood that the date had been chosen as the majority of the committee could attend.

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. 

The committee had held a site inspection on 14 September 2015 in relation to this item. The site inspection viewed the site from various viewpoints including: Dalnessie Estate entrance, south of the Crask Inn, Vagastie Bridge, the north end of Strath Vagastie, Loch Staing, Altnaharra (north) and Grummore. At each stop Mr K McCorquodale spoke to his Report and pointed out physical features relevant to the application and those representing the Applicant and Objectors were given the opportunity to point out physical features relevant to the application.

Mr K McCorquodale stated, following a question at the site inspection, that the height of the turbine would extend above the ridgeline formed by Ben Harold;

Members’ comments included the following:

• the development was supported by community councils in the area and by the majority of local residents; 
• Sutherland struggled economically and the wind turbines would bring an economic benefit to the area; 
• the applicant was to restore a large area of the peatland not involved in the development;
• disappointment was expressed, at the second viewpoint, over the proximity of the turbines to the road although it was understood that area had been chosen due to the surrounding SSSIs; 
• a darker coloured turbine would have less visual impact; and
• there was no evidence on the impact the turbines had on tourists in the area;

The Planning Officer advised that the colour of the turbines was part of a long standing debate. The colour could be looked at when the draft interim guidance was reviewed and the industry and advisors could be tested. The pale grey matt colour had come from advice from aviation interests. Applicants were asked by the planning officer, when providing the visuals, to use a bright white colour for the turbines to give the greatest contrast. 

The Committee AGREED to raise no objection and to suggest the conditions detailed in the Report.

5.2 Applicant: Mr Ian MacDonald (15/00435/FUL) (PLN/051/15)
Location: West Park, Strathpeffer (Ward 6)
Nature of Development: Discharge of Section 75 tying house to land to facilitate mortgage.
Recommendation: Refusal.

Mr C Fraser declared a non-financial interest as he had implied his voting intention to a third party before the meeting and left the room during determination of this item.

Mr R Greene declared a non-financial interest as he had not been present at the previous meeting when this item had been considered and left the room during determination of this item.

There had been circulated Report No PLN/051/15 by the Area Planning Manager recommending that the Council refuse the application for the reasons detailed therein.

The Area Planning Manager advised that following the last meeting he had been in discussion and correspondence with the mortgage lenders, the Scottish Government and the Highland Small Communities Housing Trust. Following discussion with the lenders highlighting the release clause in the section 75 agreement, the section 75 agreement had been amended for clearer understanding by the lenders.

The applicant had provided their correspondence with the Halifax which stated that the Section 75 agreement was not suitable for mortgage purposes as it forced sale value and not market value on the property. The Halifax advised during further talks that the section 75 did not prevent lending but lending was influenced by the terms of the section 75. The terms of the agreement were so restrictive that the Bank considered there was no active market for the house.

The HSCH Trust advised that the self-build loan fund should be coming forward within the next 6-8 weeks. This initially would be a short term pilot over two years with the intention of taking the risk away from the lender during the self-build and up to occupation with a secure mortgage to follow.

Members gave an endorsement to try to resolve the associated issues with the section 75 agreements and a report would be brought to the Planning, Development and Infrastructure Committee to highlight the issues.

Members’ comments included the following: 

• it was unfortunate that a resolution had not been reached and members were sympathetic with the applicant; 
• the development was part of an existing grouping of buildings, in close proximity to Strathpeffer and the section 75 agreement could be removed in this case; 
• planning permission had been approved but without funding the applicant could not build;
• the Council policy for housing in the hinterland expressed a need for section 75 agreements and this should be upheld by this committee; and
• a section 75 agreement was only imposed where it was considered necessary and in this case it had been considered necessary;

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

Dr A Sinclair, seconded by Mrs M Paterson, moved as an amendment that the section 75 agreement be discharged for the following reason: 

The development does not conflict with Policy 35 as it relates to an existing grouping of buildings and is appropriately related to the use of the land.

On a vote being taken, 7 votes were cast in favour of the motion and 5 in favour of the amendment as follows:

For the Motion (7)

Mr M Finlayson, Mr B Fernie, Mrs A MacLean, Mrs I McCallum, Mr G Phillips, Mr I Renwick and Ms M Smith.

For the Amendment (5) 

Mrs G Coghill, Mr D MacKay, Mr H Morrison,Mrs M Patersonand Dr A Sinclair.

The motion therefore became the finding of the meeting and the Committee AGREED to refuse the application for the reasons stated.

6.  Planning Applications to be Detemined
Iarrtasan Dealbhaidh rin Dearbhadh

6.1 Applicant: Whirlwind Renewables Ltd (14/01831/FUL) (PLN/052/15)
Location: Achlachan Wind Farm, Mybster, by Watten, Caithness (Ward 4)
Nature of Development: Erection of 3 turbines (110 m max tip height) together with associated infrastructure)
Recommendation: Grant

There had been circulated Report No PLN/052/15 by the Head of Planning and Building Standards recommending the grant of the application subject to the conditions detailed therein. 

Members’ comments included the following: 

• these three additional turbines had not been sited in the same position as had been suggested in the original report; 
• this small gap in the turbines was the only respite from turbines in this area, the cumulative impact was too great; 
• the noise from the three developments in this area had a huge impact; 
• there was a detrimental impact on the river Thurso with flooding occurring following the introduction of the water channels from the windfarms; 
• the community did not want further turbines in this area; 
• it was difficult to assess the impact of further turbines until the full scheme had been built; and 
• there had only been three objections and this application was within policy 67 of the HwLDP;

The Planning Officer clarified that the last wind farm developer in any area had to take full responsibility for the noise impact in that area. 

Following discussion Mrs I McCallum, seconded by Mrs A MacLean moved that the application be granted subject to the conditions detailed in the report.

Mrs G Coghill, seconded by Mrs M Paterson, moved as an amendment that the application be refused for the following reason: 

Reason: 

The development would have an unacceptable level of visual impact on the properties within the communities of Spittal and Mybster when considered alongside existing and concented schemes.

On a vote being taken, 5 votes were cast in favour of the motion and 9 in favour of the amendment as follows: 

For the Motion (5) 

Mr B Fernie, Mrs A MacLean, Mrs I McCallum,Mr I Renwick  and Ms M Smith.

For the Amendment (9) 

Mr D Bremner, Mrs G Coghill, Mr M Finlayson, Mr C Fraser, Mr R Greene, Mr H Morrison, Mrs M Paterson, Mr G Phillips  and Mrs A Sinclair.

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

6.2 Applicant: Mr Andrew Gunn (15/00915/FUL) (PLN/053/15)
Location: Land 55 m West of Newton House, Lybster (Ward 4)
Nature of Development: Erection of house with integral garage and outbuildings, formation of vehicular access
Recommendation: Refuse. 

There had been circulated Report No PLN/053/15 by the Area Planning Manager recommending the refusal of the application for the reasons detailed therein. 

Members’ comments included the following: 

• none of the properties in the area were listed buildings, the proposed house was not dissimilar to buildings on the eastern entrance to the village and a property further along the road from the proposed development; 
• the applicant had designed his house with a degree of replication to the adjacent house; 
• the existing field was in a poor state and this development would improve the site, if a pedestrian walkway was to be required it would be beneficial; 
• vehicular access onto the site would be from the Lybster – Achavanich Road;
• this application did not reflect the settlement pattern in the Caithness Local Plan, the development would also not be in line with either the Scottish Planning Policy or our own Planning Policy;
• Planning should protect these areas;
• the design and size of the building were inappropriate, the area was suitable, but not the design;
• this development was contrary to Policy 28, 29, 36 and 56 of the HwLDP; and
• the development was outwith the settlement boundary;  

Following discussion Mrs A MacLean, seconded by Mrs M Smith moved the recommendation to refuse the application.

Mr D Bremner, seconded by Mrs G Coghill, 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 reasons:

Reasons: 

That the proposal is acceptable in terms of siting and design. It represents a natural extension to the village. The design incorporates elements of building materials natural to the County and improves the current condition of the plot therefore It does not conflict with policies 28, 29, 36 and 56 of the HwLDP and the Caithness Local Plan 2002.

On a vote being taken, 8 votes were cast in favour of the motion and 6 in favour of the amendment as follows:

For the Motion (8) 

Mr B Fernie, Mr C Fraser, Mrs A MacLean, Mrs I McCallum, Mr G Phillips, Dr A Sinclair, Mr I Renwick and Ms M Smith.

For the Amendment (6) 

Mr D Bremner, Mrs G Coghill, Mr R Greene, Mr D MacKay, Mr H Morrison and Mrs M Paterson.

The motion therefore became the finding of the meeting and the Committee AGREED to refuse the application for the reasons stated in the Report.

The Committee broke for lunch at 1.15 pm.

6.3 Applicant: Mr Fraser Mackenzie (15/01424/FUL) (PLN/054/15)
Location: The Sheiling, The Square, Strathpeffer (Ward 6)
Nature of Development: Change of use from retail and erection of extension to building to form public bar
Recommendation: Refuse.

There had been circulated Report No PLN/054/15 by the Area Planning Manager recommending the refusal of the application for the reasons detailed therein. 

One additional letter of support had been received and was not included in the papers. There were no additional issues raised which had not been covered in the report.

Members’ comments included the following: 

• the extension was larger than usual but as it was such a small building a large extension was required to make it usable;
• the building was very dilapidated and had been dormant for many years, an extension would bring the building back into use and improve the condition; 
• the extension had tried to keep to the interesting pattern of the existing building, including a cupola on the new extension to match the existing; 
• the Community Council although very protective of the conservation area in Strathpeffer supported this application; 
• this building would not dominate the area of the square as the buildings behind were three storey; 
• Strathpeffer had hotels for coach parties but no local pub, this would give a focal point to the village;
• this area had never been used as green space; 
• any noise issues and issues with the kitchen would be picked up when the premises applied for a liquor licence; and
• only one letter of objection had been received.  

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.

Reasons: 

• The proposed development will turn a vacant, dilapidated building into a more practical building whose design is in keeping with the existing building and others in the Square;
• It will preserve the character of the Conservation Area; and 
• It will not be contrary to Policies 28, 29 and 57 of the HwLDP.

6.4 Applicant: Kinburn (123) LLP (15/02894/FUL) (PLN/055/15)
Location: Scotia House, Dudgeon Park Road, Brora (Ward 5)
Nature of Development: Erection of steel framed whisky storage warehouses (8,845 sq m) and associated landscaping
Recommendation: Grant.

There had been circulated Report No PLN/055/15 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein. 

Members’ comments included the following: 

• this development was already an eyesore, the screening was the saving grace of the development, it would take years for the screening to grow back and become effective again; 
• this development would not create any full-time jobs in the area and there was no local benefit; 
• traffic would be increased;
• the existing tree screening suffered from a lack of maintenance;
• this was an unattractive development with a detrimental visual impact, the office block was the only part of the development to soften the impact but this was to be removed; 
• the intensive development of the site and the extension of the site onto agricultural land;
• this area was in the local plan as mixed use development; and
• this development was contrary to Policies 28, 29 and 51 of the local development plan.

Mr G Phillips, seconded by Mr C Fraser MOVED that the application be refused.

Reasons:

The application by virtue of its scale, design and massing is inappropriate and should be refused because it is contrary to Policies 28, 29 and 51 of the HwLDP by reason of:

• its impact on community residential amenity;
• its impact on the landscape and scenery when viewed from the south;
• its insensitive siting and lack of positive contribution to the architectural and visual quality of the village;
• over-intensive development of the site and its extension onto agricultural land;
• removal of the trees which screen the existing building and the lengthy period required to reinstate it;
• lack of over-riding economic benefit to the local community; and
• lack of over-riding linkage between additional storage by the applicant on this site and production elsewhere.

There being no amendment, the motion therefore became the finding of the meeting and the Committee AGREED to refuse the application for the above reasons.

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: Donald Connor (14/04307/FUL) (PPA-270-2125)
Location: 14 Fountain Square, Haster, Wick, KW1 5SX
Nature of Development: Erection of 3 sheds (retrospective)

The Committee NOTED that the appeal to the Directorate of Planning and Environmental Appeals had been allowed and planning permission had been granted subject to the condition listed in the decision notice.

7.2 Applicant: Fine Energy Ltd (14/03832/FUL) (PPA-270-2128)
Location: Land 265 metres North West of Upper Northfield Farm, Hempriggs, Thrumster, Wick, KW1 5TP
Nature of Development: Erection of 50 kw single wind turbine, 32.4 metres height to blade tip and 24 metres to hub 

The Committee NOTED that the appeal to the Directorate of Planning and Environmental Appeals had been allowed and planning permission had been granted subject to the nine conditions listed at the end of the decision notice.

There being no further business the meeting closed at 3.15 pm.