Agendas, reports and minutes

Planning Review Body

Date: Thursday, 26 November 2015

Minutes: Read the Minutes

Minutes of Meeting of the Planning Review Body held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 26 November 2015 at 10.30am.

Present:

Dr A Sinclair, Mrs I Campbell, Mr D Fallows, Mr B Lobban, Mrs I McCallum, Mr T Prag, Mr M Reiss, Mr R Saxon

In Attendance:

Mrs K Lyons, Solicitor/Clerk
Mr D Polson, Independent Planning Adviser to the Planning Review Body
Mr S Taylor, Administrative Assistant

Dr A Sinclair in the Chair (Items 1-4 and 5.2-5.15)
Mr M Reiss in the Chair (Item 5.1)

Preliminaries

The Chair confirmed that the meeting would be webcast, and gave a short briefing on the Council’s webcasting procedure and protocol.

Business

1. Apologies for Absence

An apology for absence was received from Mr G Farlow.

2. Declarations of Interest

Item 5.1 – Mrs I Campbell and Dr A Sinclair (non-financial)

Items 5.11-5.15 – Mrs I McCallum (non-financial)

3. Minutes of Meeting of 1 October 2015

The Minutes of Meeting held on 1 October 2015, copies of which had been circulated, were APPROVED.

4. Criteria for Determination of Notices of Review

The Clerk confirmed that, for all subsequent items on the agenda, Members had contained in their Booklets, USB Flash Drives and links to the Council’s eplanning website all of the information supplied by all parties to the Notice of Review. Members needed to assess each application against the development plan and all relevant material considerations, taking account of the documents lodged by the applicant and interested parties, and to decide whether the application accorded with or was contrary to the development plan. Having carried out that assessment, Members needed to decide if the weight attached to material considerations added to or outweighed their assessment of the application against the development plan.

The Clerk also confirmed that Google Earth and Streetview could be used during the meeting; Members were reminded of the potential limitations of using these systems in that images may have been captured a number of years ago and may not reflect the current position. All the Notices of Review were competent.

5. New Notices of Review to be Determined

5.1 EIA application for installation of 2 MW hydroelectric scheme comprising intake, pipe bridge, buried pipeline, powerhouse, outfall and formation/upgrading of access tracks on Land East of Allt Airdeasaidh, Ardessie, Dundonnell – DHG Hydro Ltd, 15/00258/FUL, 15/00055/RBREF (RB-34-15)

Declarations of Interest

Mrs I Campbell and Dr A Sinclair each declared a non-financial interest in this item on the grounds that they were local Members for Ward 6, Wester Ross, Strathpeffer and Lochalsh, and therefore not permitted to participate in the determination of the Notice of Review. Mrs I Campbell and Dr A Sinclair both left the Chamber for the duration of this item.

Mr M Reiss took the chair for this item.

There had been re-circulated Notice of Review No. 15-00055-DHG Hydro Ltd for an EIA application for installation of 2 MW hydroelectric scheme comprising intake, pipe bridge, buried pipeline, powerhouse, outfall and formation/upgrading of access tracks on land East of Allt Airdeasaidh, Ardessie, Dundonnell for DHG Hydro Ltd.

Preliminaries

This application had been deferred from the meeting of the Planning Review Body held on 1 October 2015 to allow a site inspection to be undertaken. The Review Body had held an unaccompanied site inspection on Monday, 23 November 2015.

Having NOTED the Clerk’s confirmation that this was a valid and competent Notice of Review, and her advice with regard to the way the Review should be determined (item 4 above refers), the Review Body AGREED that its requirement for information had been satisfied by the Notice of Review documentation contained in Booklet A of the agenda papers, USB Flash Drives, the Council’s eplanning website and by the site inspection.

Debate and Decision

Prior to discussion, the Vice-Chairman advised that if the Review Body was minded to approve the Notice of Review, approval would still be necessary from Scottish Ministers due to an outstanding objection from Scottish Natural Heritage (SNH). The Vice-Chairman summarised the key issues surrounding the application, including the access track, the potential risk of flooding and recent erosion upstream from the proposed development. The Planning Advisor provided further information on these issues and reminded Members that during the site visit on 23 November a number of potentially constraining factors had been identified including the National Scenic Area boundary, a Site of Special Scientific Interest (SSSI) and a wild land area. He also highlighted that an objection had been received from the Council’s Flood Team regarding land raising within the floodplain of the river system and requested that calculations be provided that would ensure the bridge and pipeline across the burn would be above the 1 in 200 year flood risk. In their general response to all outstanding matters the applicant had advised that, if the Review Body was minded to approve the Notice of Review, they would be content for a suspensive condition to be included in the recommendations requiring these calculations to be submitted prior to any commencement of development.

In discussion, Members gave consideration to a range of issues, including:

The access track:

o    the line of the track, in particular the zig-zagging along the side of the hill, would be visually intrusive
o    sensitive routing of the track could enhance the tourism aspect of visiting Ardressie Falls
o    the impact due to the proposed width of the track
o    a plan should be drawn up enabling the track to meander with the contours of the land
o    the material used during construction of the track should blend in with the ground soil
o    due to the steep gradient of the land, the track would be wider than 3 metres in some sections to allow machinery to take the corners
o    proposals for water run-off during periods of persistent heavy rainfall were required

The impact of the proposed development on a designated National Scenic Area, a SSSI and a wild land area
The potential erosion of the watercourse upstream from the intake at Ardressie Burn
Concerns regarding the reduced water flow at a number of waterfalls in an area popular with tourists
Noise from the powerhouse would be minimal compared to the noise from nearby waterfalls
The height of the pipe bridge crossing the burn
The impact on both residential and visual amenity during the construction phase.

In response to questions raised, the Planning Advisor explained that:

If Members were minded to approve the Notice of Review, the views of the Council’s Flood Team could be sought on what the likely impact flood mitigation measures would have on water flow in the burn.
Clarification was required on what measures could be taken to safeguard Ardessie Falls in terms of tourism from the proposed abstraction of water from the Ardessie Burn; however, this was subject to control by SEPA.
Whilst the footpath to the west of Ardessie Burn was used frequently by visitors to An Teallach mountain, the path did not go up to the mountain itself.
Any re-alignment of the proposed access track to help minimise the visual impact would likely stray out with the boundaries of the application site in some locations and that whilst the current proposal did not address these concerns, an amended solution could be sought from the applicant.

In response to concerns raised by Members regarding the proposed design of the access track and potential erosion upstream of the development, the Clerk advised that if Members were minded to dismiss the Notice of Review, these concerns could be included in the Notice of Dismissal and that the opportunity to submit a new application which took into account Members’ comments could be highlighted to the applicant.

The Review Body DISMISSED the Notice of Review on the grounds as set out in reasons 1 and 2 of the appointed officer’s decision notice, as amended to indicate that the Review Body’s concerns related to the access track in particular.

Mrs I Campbell and Dr A Sinclair returned to the meeting.

Dr A Sinclair in the Chair.

5.2 Single Storey Extension to Rear of Existing Semi-Detached Dwellinghouse at 27B Balmakeith Park, Nairn, IV12 5GP – Zwakman, 15/01968/FUL, 15/00046/REFIN, (RB-35-15)

There had been circulated Notice of Review 15-00046-Zwakman for a single storey extension to rear of existing semi-detached dwellinghouse at 27B Balmakeith Park, Nairn, IV12 5GP for Mrs Zwakman.

Preliminaries

Having NOTED the Clerk’s confirmation that this was a valid and competent Notice of Review, and her advice with regard to the way the Review should be determined (item 4 above refers), the Review Body AGREED that its requirement for information had been satisfied by the Notice of Review documentation contained in Members’ USB Flash Drives and the Council’s eplanning website, and were of the view that the site visit requested by the applicant was not required.

Debate and Decision

Having considered the supporting paperwork the Planning Review Body discussed the Notice of Review. ]

The Chair summarised that the key issue surrounding the application was what the likely impact the proposed extension would be on the property next door.

During discussion, Members were of the view that the proposed extension would not comprise enough room to mitigate the loss of light that would occur on the adjoining neighbour’s property.

The Planning Advisor clarified that whilst reference had been made in the Handling Report to the supplementary guidance on House Extensions and Other Residential Alterations in its draft form, this guidance had now been adopted by the Council.

The Review Body DISMISSED the Notice of Review on the grounds as set out in the appointed officer’s decision notice and the adopted supplementary guidance on House Extensions and Other Residential Alterations.

5.3 Erection of House, Shared Use of Access, and Installation of Private Foul Drainage System on Land 65M NE of Lomas Lindas, Daviot, Inverness – Simpson, 15/01361/FUL, 15/00052/RBREF (RB-36-15)

There had been circulated Notice of Review 15-00052-Simpson for erection of house, shared use of access, and installation of private foul drainage system on land 65M NE of Lomas Lindas, Daviot, Inverness for Mrs Simpson.

Preliminaries

Debate and Decision

Having considered the supporting paperwork the Planning Review Body discussed the Notice of Review.

During discussion, the Review Body gave consideration as to whether the application site formed part of the garden ground of Lomas Lindas and whether the site complied with the exceptions regarding housing groups as set out in the Interim Supplementary Guidance: Housing in the Countryside and Siting and Design. Whilst Members were of the opinion that the land viewed by the applicant as garden ground had only recently been altered for this purpose, it was unclear what length of time could be deemed appropriate for it to be considered as garden ground.

Following a request by Members, the Planning Advisor provided additional views of the application site on Google Earth and Streetview.

Following further discussion, during which Members debated whether the application site could be considered to form part of a housing group, the view was expressed that the Review Body did not have enough information to make a decision and the Chair suggested that a site visit be arranged.

The Review Body AGREED to DEFER consideration of the Notice of Review to the next appropriate meeting of the Planning Review Body to allow a site visit to take place prior to its next meeting in January 2016.

The Review Body NOTED that, as some discussion of the Notice of Review had taken place, only those Members present during this item would be able to participate when the Notice of Review was brought back to the Committee.

5.4 Erection of New Dwelling House, Upgrade Existing Access, Installation of Septic Tank & Soakaway System, Installation of Private Water Supply at 1 Heaste, Broadford, Isle of Skye, IV49 9BN – Mackinnon, 15/01269/FUL, 15/00056/RBREF (RB-37-15)

There had been circulated Notice of Review 15-00056-Mackinnon for erection of a new dwelling house, upgrade existing access, installation of septic tank & soakaway system, installation of private water supply at 1 Heaste, Broadford, Isle of Skye, IV49 9BN for Mr Mackinnon.

Preliminaries

Having NOTED the Clerk’s confirmation that this was a valid and competent Notice of Review, and her advice with regard to the way the Review should be determined (item 4 above refers), the Review Body AGREED that its requirement for information had been satisfied by the Notice of Review documentation contained in Members’ USB Flash Drives and the Council’s website, and were of the view that the requests from the applicant to submit further written information and to arrange a hearing were not required.

Debate and Decision

Having considered the supporting paperwork the Planning Review Body discussed the Notice of Review.

The Chair summarised that the key issues surrounding the application were the elevated position and design of the proposed building in the surrounding environment.

Following a request by Members, the Planning Advisor provided additional views of the application site on Google Earth and Streetview.

During discussion, differing views were expressed, including that the proposed building would not stand out as much as was claimed in the report; the design was not particularly attractive in the context of the site; trees and other softening elements would mitigate the look of the building; its overall height would be contained by the low angle roof; planning policy encouraged designs that made a positive contribution to the architectural and visual quality of the area; and that whilst it was an appropriate site for a house, the proposed design was unsuitable in this case.

No consensus having been reached between the Members, the Chair, seconded by Mrs I McCallum, moved that the Notice of Review be DISMISSED on the grounds as set out in the appointed officer’s decision notice. As an amendment, Mr B Lobban, seconded by Mr D Fallows, moved that the Notice of Review be APPROVED, on the basis that there was no local vernacular and that it did not jar with the local settlement pattern given the lack of a settlement pattern, therefore the proposal was considered to be in accordance with Policies 28 and 29 of the Highland-wide Local Development Plan.

There being no further amendments, the matter was put to the vote with votes being cast as follows:

Motion (4): Dr A Sinclair, Mrs I McCallum, Mr M Reiss, Mr T Prag

Amendment (4): Mr B Lobban, Mr D Fallows, Mrs I Campbell, Mr R Saxon

Abstentions (0)

There being an equality of votes, the Chair exercised her casting vote in favour of the MOTION, which was therefore carried and the Review Body DISMISSED the Notice of Review on the grounds as set out in the appointed officer’s decision notice.

5.5 Erection of New Dwelling and Shed, Installation of Septic Tank and Soakaway System, Formation of Access at Plot 1 Land North of Borve Cottage, Arnisort, Edinbane - Fraser and Clark, 15/01485/FUL, 15/00058/RBREF (RB-38-15)

There had been circulated Notice of Review 15-00058-Fraser&Clark for erection of new dwelling and shed, installation of septic tank & soakaway system, formation of access at Plot 1 on land North of Borve Cottage, Arnisort, Edinbane for Mr & Mrs Fraser and Mary Flora Clark.

Preliminaries

Having NOTED the Clerk’s confirmation that this was a valid and competent Notice of Review, and her advice with regard to the way the Review should be determined (item 4 above refers), the Review Body AGREED that its requirement for information had been satisfied by the Notice of Review documentation contained in Members’ USB Flash Drives and the Council’s eplanning website, and were of the view that the requests from the applicant to submit further written information and to arrange a hearing were not required.

Following a request by Members, the Planning Advisor provided additional views of the application site on Google Earth and Streetview.

Debate and Decision

Having considered the supporting paperwork and the Google Earth and Streetview presentation, the Planning Review Body discussed the Notice of Review, during which Members were of the view that the design of the proposed building was not appropriate for the area.

The Review Body DISMISSED the Notice of Review on the grounds as set out in the appointed officer’s decision notice.

5.6 Erection of 2 Wind Turbines with Associated Infrastructure, Transformers, Crane Hardstanding, Access Tracks and Temporary Construction Compound on Land 2500M NW of Balnafoich Bridge, Farr – P & L Turbines, 14/04452/FUL, 15/00059/RBREF (RB-39-15)

There had been circulated Notice of Review 15-00059-P & L Turbines for erection of 2 wind turbines with associated infrastructure, transformers, crane hardstanding, access tracks and temporary construction compound on land 2500M NW of Balnafoich Bridge Farr for P & L Turbines.

The Chairman advised that papers copies of the visualisations supplied by the applicant were available for Members to view and the meeting adjourned for approximately fifteen minutes to allow Members to peruse.

Preliminaries

Having NOTED the Clerk’s confirmation that this was a valid and competent Notice of Review, and her advice with regard to the way the Review should be determined (item 4 above refers), the Review Body AGREED that its requirement for information had been satisfied by the Notice of Review documentation contained in Members’ USB Flash Drives, the Council’s eplanning website and the paper copies of the visualisations, and were of the view that the site visit requested by the applicant was not required.

Debate and Decision

Prior to discussion, the Planning Advisor gave a briefing on the Council’s Draft Onshore Wind Energy Supplementary Guidance, during which he advised that the guidance contained a number of recommendations in relation to the landscape capability assessment for the Loch Ness and Great Glen catchment area. It was for the Review Body to determine how much weight to give the guidance as a material consideration in its determination of the Notice of Review. He drew attention to the key findings of the Landscape Character Assessment and highlighted the following recommendations which had been suggested in the guidance for potential wind energy development in this area:-

Small scale individual turbines where well located to existing buildings/land use.
Turbines should be smaller three bladed machines
Development should avoid higher ground.

The Planning Advisor then drew attention to an outstanding objection by Highlands and Islands Airports (HIAL) and highlighted the case handling officer’s view that the objection could not be covered by a suspensive condition despite work currently being done at a national level to ensure that measures would be in place to mitigate the potential impact of wind turbines on the aviation interest. The outcome of that work would have to be in place.

He also highlighted that whilst the applicant had referred to the proposed turbines as being of medium scale development, in terms of the existing onshore wind guidance provided by the Council, these turbines should be classed as large scale development due to the hubs being over 50 metres in height.

Having considered the supporting paperwork and the briefing from the Planning Advisor, the Planning Review Body discussed the Notice of Review.

In discussion, Members were generally of the view that the proposed development would have a detrimental impact on the area for the following reasons:-

The proposed turbines would be visually intrusive due to their height and scale.
The visual amenity with regard to linkage as there were several examples of individual wind turbines in areas to the south of the proposed site
The applicant had failed to demonstrate the benefits of the proposed development to the local community.
The proposed development did not comply with the Council’s Draft Onshore Wind Energy Supplementary Guidance due to its location.

Following discussion, the Planning Advisor suggested to Members that, given the view expressed that the proposals would not provide any local community benefit, the third reason for refusal in the appointed officer’s decision notice should therefore be deleted as the policy would not apply in this case.

The Review Body DISMISSED the Notice of Review on the grounds as set out in the appointed officer’s decision notice, subject to the deletion of the third reason for refusal.

5.7 Erection of House and Garage on Land to South of 20 Balvaird, Muir of Ord – Coats, 15/02212/PIP, 15/00061/RBREF (RB-40-15)

There had been circulated Notice of Review 15-00061-Coats to erect a house and garage on land to South of 20 Balvaird, Muir of Ord for Mr Coats.

Preliminaries

Having NOTED the Clerk’s confirmation that this was a valid and competent Notice of Review, and her advice with regard to the way the Review should be determined (item 4 above refers), the Review Body AGREED that its requirement for information had been satisfied by the Notice of Review documentation contained in Members’ USB Flash Drives and the Council’s eplanning website, and were of the view that the site visit requested by the applicant was not required.

Debate and Decision

Having considered the supporting paperwork the Planning Review Body discussed the Notice of Review.

Following a request by Members, the Planning Advisor provided additional views of the application site on Google Earth and Streetview.

In discussion, Members were of the view that the application site did not form part of a housing group and therefore, the application would be contrary to Council policy. It was also highlighted that the proposed development would be contrary to Council policy as it would present an inappropriate intrusion into an undeveloped field

The Review Body DISMISSED the Notice of Review on the grounds as set out in the appointed officer’s decision notice.

5.8 Erection of House for Holiday Let on Sites 670M West of Keppoch House, Arisaig – MacDonald, 15/01464/PIP, 15/00062/RBREF (RB-41-15)

There had been circulated Notice of Review 15-00062-MacDonald to erect a house for holiday let on sites 670M West of Keppoch House, Arisaig for Mr MacDonald.

Preliminaries

Having NOTED the Clerk’s confirmation that this was a valid and competent Notice of Review, and her advice with regard to the way the Review should be determined (item 4 above refers), the Review Body discussed whether its requirement for information had been satisfied by the Notice of Review documentation contained in Members’ USB Flash Drives and the Council’s eplanning website. Whilst it was highlighted that the applicant had provided limited information, the Review Body AGREED that its requirement for information had been satisfied.

Debate and Decision

Having considered the supporting paperwork the Planning Review Body discussed the Notice of Review.

Following a request by Members, the Planning Advisor provided additional views of the application site on Google Earth and Streetview.

In discussion, the Chair highlighted that the application would be contrary to a number of policies in both the Highland-wide Local Development Plan and Housing in the Countryside Supplementary Guidance and that it would intrude into what was currently an unspoilt area.

The Review Body DISMISSED the Notice of Review on the grounds as set out in the appointed officer’s decision notice.

5.9 Erection of New House and Associated Works on Land 20M NE of 57 Park Street, Nairn – Bochel, 15/01475/FUL, 15/00063/RBREF (RB-42-15)

There had been circulated Notice of Review 15-00063-Bochel to erect a house and associated works on Land 20M NE of 57 Park Street, Nairn for Mr Bochel.

Preliminaries

Having NOTED the Clerk’s confirmation that this was a valid and competent Notice of Review, and her advice with regard to the way the Review should be determined (item 4 above refers), the Review Body AGREED that its requirement for information had been satisfied by the Notice of Review documentation contained in Members’ USB Flash Drives and the Council’s eplanning website.

Debate and Decision

Having considered the supporting paperwork the Planning Review Body discussed the Notice of Review.

Following a request by Members, the Planning Advisor provided additional views of the application site on Google Earth and Streetview.

In discussion, Members were of the view that the proposed development would have an adverse impact on the amenity of the house in close proximity to the rear of the application site.

The Review Body DISMISSED the Notice of Review on the grounds as set out in the appointed officer’s decision notice.

5.10 Erection of House on Land 60M SW of Tighian, Upper Inverroy, Roy Bridge – MacGregor, 15/01645/PIP, 15/00066/RBREF (RB-43-15)

There had been circulated Notice of Review 15-00066-MacGregor to erect a house on Land 60M SW of Tighian, Upper Inverroy, Roy Bridge for Mr MacGregor.

Preliminaries

Having NOTED the Clerk’s confirmation that this was a valid and competent Notice of Review, and her advice with regard to the way the Review should be determined (item 4 above refers), the Review Body AGREED that its requirement for information had been satisfied by the Notice of Review documentation contained in Members’ USB Flash Drives and the Council’s eplanning website.

Debate and Decision

Having considered the supporting paperwork the Planning Review Body discussed the Notice of Review.

Following a request by Members, the Planning Advisor provided additional views of the application site on Google Earth and Streetview.

During discussion, members gave consideration to a number of factors, including:-

The size of the plot and the density of the proposed house would not be out of order in comparison to the other surrounding houses.
There was character to the area and the surrounding houses were mostly of a larger scale.
The proposed development would be on an infill site in an elevated position out of keeping with the surrounding properties and would have an impact on the house next door.
The proposed house appeared to be as far from the road as a neighbouring property to the east where there was a pattern of houses off the road.
With regard to drainage, it was highlighted that there were already eight soakaways leading into a nearby burn.
The application was for planning in principle and that therefore, whilst the specific site was capable of having a house on it, the final detail on the proposed house would be submitted in the application for full planning permission.

In response to questions, the Planning Advisor highlighted to Members that, whilst the Review Body could approve the Notice of Review with conditions recommending the size of house, this could be open to interpretation and would be subject to full planning permission at the next stage. Members also had to take into consideration whether the site was sufficient in size to accommodate parking and turning arrangements and the impact on trees within the site.

In response to a further question regarding conditions, the Clerk advised that it was important to indicate what reserved matters (now matters specified in conditions) were listed on any grant of planning permission in principle and that ultimately the final decision as to these matters rested with the Planning Authority.

The Review Body APPROVED the Notice of Review on the grounds that the proposal would not be contrary to Policies 28 and 34 of the Highland-wide Local Development Plan as the site was of sufficient size to accommodate a suitably proportioned house that would not have a detrimental effect on the neighbouring residential and wider amenity, subject to conditions to be delegated to the Planning Advisor and the Clerk in consultation with the Chair.

5.11 New holiday Home on Site of Redundant BT Repeater Station, Artafallie – Anderson, 14/03947/FUL, 15/00048/RBREF (RB-45-15)

Declaration of Interest:

Mrs I McCallum declared a non-financial interest in this item on the grounds that she was one of the local Members for Ward 10, Black Isle, and therefore not permitted to participate in the determination of the Notice of Review. Mrs McCallum left the Chamber for the duration of this and the remaining items.

There had been circulated Notice of Review 15-00048-Anderson for a holiday home on site of redundant BT Repeater Station, Artafallie for Mr and Mrs M Anderson.

Preliminaries

Having NOTED the Clerk’s confirmation that this was a valid and competent Notice of Review, and her advice with regard to the way the Review should be determined (item 4 above refers), the Review Body discussed whether its requirement for information had been satisfied by the Notice of Review documentation contained in Members’ USB Flash Drives and the Council’s eplanning website.

The Planning Advisor provided information on a number of points in relation to the application, during which Members were advised that discussions were ongoing with Transport Scotland regarding the adequacy or otherwise of the A9 junction with Munlochy Road and that whilst this did not impact directly on the application site, it was appropriate for this to be highlighted to Members.

Members were also advised of a discrepancy within the Notice of Review documentation as the applicants had certified that they were the sole owners of the land and that no part of it formed part of an agricultural holding. The Planning Advisor explained that the refused location plan showed that the proposed building overlapped into land owned by a separate party and therefore the owner of the separate land should have been served notice of the applicant’s proposals.

The Review Body AGREED to DEFER consideration of the Notice of Review to the next appropriate meeting of the Planning Review Body to allow a procedure notice to be issued to the applicant and to seek clarification on the ownership of the application site and to enable interested parties to the Notice of Review the opportunity to respond.

5.12 Erection of House and Garage on Site 1, Land to East of Suil Na Mara, Balblair – Currie, 15/00549/FUL, 15/00050/RBREF (RB-46-15)

Declaration of Interest:

There had been circulated Notice of Review 15-00050-Currie to erect a house and garage on land to East of Suil Na Mara, Balblair for Mr Currie.

Preliminaries

Having NOTED the Clerk’s confirmation that this was a valid and competent Notice of Review, and her advice with regard to the way the Review should be determined (item 4 above refers), the Review Body AGREED that its requirement for information had been satisfied by the Notice of Review documentation contained in Members’ USB Flash Drives and the Council’s eplanning website.

Debate and Decision

Having considered the supporting paperwork the Planning Review Body discussed the Notice of Review.

Following a request by Members, the Planning Advisor provided additional views of the application site on Google Earth and Streetview. In response to a question, the Planning Advisor clarified that the plot extended to the edge of the adjacent field.

During discussion, Members were of the view that the proposed development would be contrary to Council policy as it formed a ribbon and linear development from the existing housing group and would result in the loss of agricultural land.

The Review Body DISMISSED the Notice of Review on the grounds as set out in the appointed officer’s decision notice.

5.13 Erection of House and Garage on Site 2, Land 55m NW of Foinaven, Balblair – Currie, 15/00547/FUL, 15/00051/RBREF (RB-47-15)

Declaration of Interest:

There had been circulated Notice of Review 15-00051-Currie to erect a house and garage on land 55m NW of Foinaven, Balblair for Mr Currie.

Preliminaries

Having NOTED the Clerk’s confirmation that this was a valid and competent Notice of Review, and her advice with regard to the way the Review should be determined (item 4 above refers), the Review Body AGREED that its requirement for information had been satisfied by the Notice of Review documentation contained in Members’ USB Flash Drives and the Council’s eplanning website.

Debate and Decision

Having considered the supporting paperwork the Planning Review Body discussed the Notice of Review.

During discussion, Members were of the view that the proposed development formed a linear development next to the existing housing group and would result in the loss of agricultural land.

The Review Body DISMISSED the Notice of Review on the grounds as set out in the appointed officer’s decision notice.

5.14 Formation of 11 serviced house plots on Land 135M NE of Avoch Parish Church, Braehead, Avoch – Church of Scotland, 13/01833/FUL, 15/00067/RBREF (RB-48-15)

Declaration of Interest:

There had been circulated Notice of Review 15-00067-Church of Scotland for the formation of 11 serviced house plots on Land 135M NE of Avoch Parish Church, Braehead, Avoch for The Church of Scotland.

Preliminaries

Having NOTED the Clerk’s confirmation that this was a valid and competent Notice of Review, and her advice with regard to the way the Review should be determined (item 4 above refers), the Review Body AGREED that its requirement for information had been satisfied by the Notice of Review documentation contained in Members’ USB Flash Drives and the Council’s eplanning website.

Following a request for further information regarding which development plan the Review Body should take into account, the Planning Advisor advised Members that whilst the site had previously been allocated in the Ross and Cromarty Local Plan, it was not included as an allocated housing site in the Inner Moray Firth Local Development Plan and was therefore contrary to the now adopted Inner Moray Firth Local Development Plan.

Debate and Decision

Having considered the supporting paperwork the Planning Review Body discussed the Notice of Review. During discussion, Members were of the view that the proposed development was contrary to the adopted Inner Moray Firth Local Development Plan and that no other material considerations outweighed this.

The Review Body DISMISSED the Notice of Review on the grounds as set out in the appointed officer’s decision notice, subject to the replacement of reference to the Ross and Cromarty East Local Plan with the Inner Moray Firth Local Development Plan.

5.15 Formation of 16 Serviced House Plots on Land 130M North of Glenvegan, Braehead, Avoch – A & D Sutherland, 13/01834/FUL, 15/00068/RBREF (RB-49-15)

Declaration of Interest:

There had been circulated Notice of Review 15-00068-A & D Sutherland for the formation of 16 Serviced House Plots on Land 130M North of Glenvegan, Braehead, Avoch for A & D Sutherland.

Preliminaries

Having NOTED the Clerk’s confirmation that this was a valid and competent Notice of Review, and her advice with regard to the way the Review should be determined (item 4 above refers), the Review Body AGREED that its requirement for information had been satisfied by the Notice of Review documentation contained in Members’ USB Flash Drives and the Council’s eplanning website.

Debate and Decision

The meeting ended at 2.25 p.m., having adjourned for lunch between 1.10 and 1.50 p.m.

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