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 27 October 2015 at 10.30 am. 

Committee Members Present: 

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

Non-Members present: 

Mrs J Barclay, Mrs L Munro, Mr J Rosie and 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, Planning
Mr M Harvey, Team Leader, Planning 
Mr C Wishart, Principal Planner 
Mr G Sharp, 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

Apologies were intimated on behalf of Mr D Bremner, Mr G Farlow, Mr M Finlayson and Mr I Renwick.

2. Declarations of Interest  
Foillseachaidhean Com-pàirt 

Item 5.3: Dr A Sinclair (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 15 September 2015 which was APPROVED.

4. Major Applications  
Iarrtasan Mòra 

There had been circulated Report No PLN/056/15 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 Legal Manager advised that the Section 75 for the Oatridge development had been completed and was in the process of being signed, after which planning permission would be issued.

The Area Planning Manager advised that once the Oatridge application had been completed the mixed use developments would move forward.

The development on Black Isle Road, Muir of Ord for 104 houses had been refused through delegated powers following circulation of the agenda papers. 

The former fish factory site and the Pesconova site were separate applications. for the application for three houses at Conon Bridge previously determined by the Committee had been called in by Scottish Ministers. Discussions were still ongoing for the current application for 72 residential units at the former fish factory site and this may come to the December 2015 Committee.

The Committee NOTED the Report.

5.  Planning Applications to be Detemined
Iarrtasan Dealbhaidh rin Dearbhadh

5.1 Applicant: Isle of Skye Ferry Community Interest Company (15/01869/PIP) (PLN/057/15)
Location: Kylerhea Tourist Car Park, Glenelg (Ward 06)
Nature of Development: A new building to house a café, office space, heritage and wildlife display centre, merchandise display and toilets
Recommendation: Grant.

There had been circulated Report No PLN/057/15 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein. A late objection had been received and was circulated to members.

Members’ comments included the following:

• this modest building was smaller than a house, and would sit well in the hillside; 
• the building would be adjacent to the car park and not in the car park; and
• the ferry brings a lot of visitors to the area and there was a demand for merchandise.

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

5.2 Applicant: Kames Fish Farming Ltd (KFF) (15/02012/FUL) (PLN/058/15)
Location: Lower Milovaig, Loch Pooltiel, Skye (Ward 11)
Nature of Development: New marine fish farm for salmon and rainbow trout (revised application).
Recommendation: Grant.

There had been circulated Report No PLN/058/15 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

Members’ comments included the following:

• had the Hebridean Whale and Dolphin Trust been consulted on this application with reference to the acoustic devices?
• the noise level would be less than 50 db; was this acceptable as it seemed very high?     
• damage caused by waste from salmon fish farms to the sea bed could be irreversible; 
• the site was very exposed and would be at greater risk of storm damage; and
• the whales and dolphins were commonly seen here and they would be disturbed by the fish farm.

The planning officer responded as follows:

• the Hebridean Whale and Dolphin Trust had a stance against acoustic devices at most fish farms. Nets were the primary defence against seal attacks and acoustic devices would only be used in cases of attack;
• SEPA licensed the sea bed as there would be damage immediately below the fish farm, whether there would be damage at the dive site was another matter but SEPA gave a judgement that it would not affect the dive site;
• there was no statutory body to advise on the diving specifically; and
• the 50 db figure was from source and not from the houses. The cliffs could buffer the sound of the fish farm but without an assessment it was difficult to make a judgement;

Mrs I McCallum, moved that the application be approved with a condition on the noise levels. There being no seconder the motion fell. 

Mr C Fraser, seconded by Mrs M Paterson, moved that the application be refused for the following reasons:-

The application was contrary to 

• Contrary to policy 36 – not compatible with landscape character and capacity due to its position and setting in this landscape;
• Contrary to policy 57 – the application compromises the natural environment due to its position and setting in the landscape;
• Contrary to policy 58 – insufficient evidence of the lack of impact on wildlife; and
• Contrary to policy 50 – due to landscape character, scenic and visual amenity with reference to SNH commissioned report – landscape/seascape carrying capacity for aquaculture.

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

5.3 Applicant: Lochalsh and Skye Housing Association (15/02637/FUL) (PLN/059/15)
Location: Former Mace Shop, Station Road, Kyle of Lochalsh (Ward 06)
Nature of Development: Demolition of retail unit and erection of flatted development (comprising 12 flats) with 3 retail units to ground floor and formation of additional parking accessed via Douglas Row
Recommendation: Grant

Dr A Sinclair declared a non-financial interest as she is a member of the Lochalsh and Skye Housing Association Board and left the room during consideration of this item.

There had been circulated Report No PLN/059/15 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

Members’ comments included the following:

• the car parking in Kyle was at crisis point, complaints were received regularly from people unable to park for attendance at the medical centre;
• this would be over-development of the site, the previous application had been for six flats and a shop and had been more achievable;
• if the car parking was to be 120 metres from the development how could people be made to use the allocated car parking rather than parking closer to the development?
• could the ground floor of the building be used for parking?
• this development also provided no amenity ground or service bay; and
• where did the 12 spaces in the swimming pool car park come from?

The Planning Officer stated that the car parking issue in Kyle was not for the applicant to solve. They were only required to provide a proportionate level of parking for this development.

The Transport Officer stated that although the applicant was not responsible for existing parking it was important that the development did not make the parking worse. The normal 1.5 parking spaces per flat had been relaxed to one parking space per flat in line with national guidance and these spaces could be accommodated in the parking off-site.

The Planning Officer further stated that the swimming pool car park was to be re-designated with a more efficient layout providing an additional 12 parking spaces. There were no service bays as the properties were serviced from Main Street and not the trunk road and a condition could be added to this effect.

Car parking on the ground floor had been explored but the applicant required the retail space on the ground floor to make the project viable.

Mrs I McCallum, seconded by Mrs A MacLean moved that the application be approved subject to the conditions detailed in the Report.

Mrs I Campbell, seconded by Mr D MacKay, moved as an amendment that the application be refused for the following reason:- 

The scale and massing of the building represents overdevelopment of the site contrary to policies 28 and 29 and will have an adverse impact on adjoining properties.

On a vote being taken , 2 votes were cast in favour of the motion and 8 in favour of the amendment as follows: 

For the Motion (2) 

Mrs I McCallum and Mrs A MacLean.

For the Amendment (8) 

Mrs I Campbell, Mrs G Coghill, Mr C Fraser, Mr D Mackay, Mr D Millar, Mr M Paterson, Mr G Phillips and Ms M Smith.

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

5.4 Applicant: Alasdair and Joan MacLean (15/03231/FUL) (PLN/060/15)
Location: Land 120 m SE of Roag House, Roag, Dunvegan, Isle of Skye (Ward 11)
Nature of Development: Erection of dwelling house, formation of new access bellmouth, loading bay, parking and turning area. Siting of septic tank and soakaway.
Recommendation: Refuse.

There had been circulated Report No PLN/060/15 by the Area Planning Manager recommending the refusal of the application for the reasons detailed therein.

Members’ comments included the following:

• the report stated that the applicant owned the neighbouring “Dunorin House Hotel” but he had not in fact been the owner of the hotel for over 13 years; 
• the report erroneously stated that there were no houses on the seaboard side of the road;
• this house was no bigger than the house situated to the right of the development, designed by the same agent and the majority of houses in Roag were prominent; 
• the house could only be seen from a very small area of the main road; and
• the house was of a high quality traditional design, the designer had been designing houses in Skye for 20 years.

Mr D Millar, seconded by Mrs M Paterson moved 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.

There being no amendment, the motion 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.

5.5 Applicant: SMART Metering (15/03433/FUL) (PLN/061/15)
Location: Land at Quarry Road, Tain (Ward 08)
Nature of Development: Erection of a single 12 m high telecommunications mast.
Recommendation: Grant.

There had been circulated Report No PLN/061/15 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

The Committee AGREED to grant subject to conditions as recommended.

6. Notification to Scottish Ministers
Clàradh Fiosrachaidh do Mhinistearan na h-Alba

6.1 Applicant: Mr Brian Elias (14/00016/FUL) (NA-HLD–082)
Location: Land to North East of Glen View, High Street, Conon Bridge
Nature of Development: Erection of three (reduced from four) houses on land to North East of Glen View, High Street, Conon Bridge

The Committee NOTED that the application had been called in by Scottish Ministers.

There being no further business the meeting closed at 2.35 pm.