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 12 January 2016 at 10.30 am. 

Committee Members Present: 

Mrs I Campbell, Mrs G Coghill, Mr G Farlow, Mr B Fernie, Mr M Finlayson, Mr C Fraser, Mr D MacKay, Mrs A MacLean, Mrs I McCallum, Mr D Millar, Mrs M Paterson, Mr G Phillips, Mr A Rhind, Dr A Sinclair and Ms M Smith.

Non-Members present: 

Mrs L Munro
Mr J Rosie  

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 K McCorquodale 
Mr D Barclay 
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 I Renwick.

2. Declarations of Interest  
Foillseachaidhean Com-pàirt 

There were no declarations of interest.

3. Major Applications  
Iarrtasan Mòra 

There had been circulated Report No PLN/001/16 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.

In response to members questions the Area Planning Manager replied as follows:

• the Section 75 Agreement for the Supermarket at Portree had been received by the Registers of Scotland and the Planning department would issue the planning permission following receipt of responses from members on the proposed conditions; 
• the development at Wyndhill Industrial Estate in Muir of Ord was progressing, with a substantial amount of correspondence, and it is hoped that this would be concluded shortly;
• detail on land ownership was awaited in relation to the former fish factory development in Conon Bridge Information was also awaited on other matters and once received and all other issues resolved it was intended to bring this to the next available committee; 
• with reference to Transport Scotland’s comments on the development of 50 houses at Rosemarkie, a meeting had been arranged for clarification of their objection to try and progress matters; 
• outstanding issues in relation to transport and drainage were awaited for the Rosemarkie development.

The Committee NOTED the Report.

4.  Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

4.1 Applicant: SSE Generation Ltd (15/02598/S36) (PLN/002/16)
Location: Gordonbush Wind Farm, Ascoile, Strath Brora, By Brora (Ward 05)
Nature of Development: Extension to Gordonbush Wind Farm – Section 36
Recommendation: Raise no objection – subject to agreed amendments.

There had been circulated Report No PLN/002/16 by the Head of Planning and Building Standards recommending the committee raise no objection to the application subject to the conditions detailed therein. An updated condition 19 was circulated to members.

Mr G Phillips requested that a site visit be held as he considered this was a significant application and he felt that the following had not been addressed in the Report:

• a development at Tressady had been refused and the reasons for refusal of that wind farm had not been addressed in this application; 
• there were a number of significant objections and representations which he felt had not been addressed or assessed appropriately in the Report; and
• the visuals, as circulated, did not show any of the properties in the surrounding area or the impact on the occupiers of these properties. r G Phillips, seconded by Mr D MacKay moved that the Committee hold a site visit for the above reasons.

Mrs A MacLean, seconded by Mr B Fernie, moved as an amendment that the application be determined without a site visit.

On a vote being taken, 8 votes were cast in favour of the motion and 7 in favour of the amendment as follows: 

For the Motion (8)

Mrs I Campbell, Mrs G Coghill, Mr M Finlayson,Mr C Fraser, Mr D MacKay, Mrs I McCallum, Mrs M Paterson and Mr G Phillips.

For the Amendment (7) 

Mr G Farlow, Mr B Fernie, Mrs A MacLean, Mr D Millar, Mr A Rhind, Dr A Sinclair and Ms M Smith.

The motion therefore became the finding of the meeting and the Committee AGREED to hold a site inspection at 11.00 am on Monday 15 February 2016.

4.2 Applicant: Scottish Hydro Electric Transmission Plc (15/03392/FUL) (PLN/003/16)
Location: Land 500 m West of Philips Mains, Mey, Caithness (Ward 04)
Nature of Development: Formation of development platform and erection of 132/33 kV gas insulated switchgear (GIS) substation and associated development consisting of transformer buildings, site access, SUDS and foul drainage infrastructure, temporary compounds, security fencing and landscaping
Recommendation: Grant.

There had been circulated Report No PLN/003/16 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein. Conditions 2 and 11 should be amended as detailed below.

Members’ comments included the following:

• this development was welcomed as power had to be taken from the Pentland Firth, with so many developments in the Caithness area the infrastructure was collapsing; 
• the screening was also welcomed with a request that the new tree planting take place before the existing trees were removed; 
• the substation should be green and not brown to blend in with the surrounding area; and
• the noise condition should be strengthened to protect the properties in the area and for more efficient enforcement. 

The Planning Officer responded as follows:

• there had initially been a holding objection in relation to the forestry retention on the development site to safeguard the screening of the development through time, the condition will take in the wider forestry site to safeguard woodland;
• the construction phase noise would be managed under the construction management condition, the nature of this development should significantly lessen the noise and the tree planting would also alleviate the noise from the development; 
• further noise surveys would be undertaken to set a benchmark for any issues that may arise in the future;

The Committee AGREED to grant the application subject to the conditions detailed in the Report with conditions 2 and 11 amended as follows:

Corrected Condition 2. 

No development shall commence until a finalised Construction and Environmental Management Document (CEMD) has been submitted for the approval in writing by the Planning Authority. The approved CEMD and its supporting Plans and timetable for implementation shall then be undertaken by the developer unless otherwise agreed in writing with the Planning Authority. For the avoidance of any doubt the CEMD shall also include the access track and public road. The CEMD shall highlight, in a series of plans where most appropriate, the specific safeguards to be implemented on site as generally set out in the supporting Environmental Appraisal to the application, addressing the following interests: -

• An updated Schedule of Mitigation (SM) including all mitigation proposed in support of the planning application, other relevant agreed mitigation (e.g. as required by agencies) and as set out in planning conditions
• Processes to control / action changes from the agreed Schedule of Mitigation.
• Construction Phase - Community Liaison Plan with formation of a representative community liaison group.
• Construction Phase - Community Liaison Plan with formation of a representative community liaison group.
• Construction Phase - Community Liaison Plan with formation of a representative community liaison group.
• Soil / Peat Management Plan – to include details of all stripping, excavation, storage and reuse of material.
• Site Restoration Plan, including all tracks / road verges, where not covered by the approved Landscaping Plan.
• Pollution Prevention Plan.
• Species Protection Plan.
• Construction Traffic Management Plan, subject to the phasing plan as set out in condition 5, which shall include but not necessarily be limited to:

a. A detailed protocol and programme for the delivery of abnormal loads prepared in consultation and agreement with interested parties, this shall include methods of dealing with emergency vehicles during the load movements. All such movements on Council maintained roads shall take place outwith peak times on the network, including school travel times and shall avoid local community events.

b. The approved route shall only use A class roads with direct access to the site from the A836 using the U1633 and thereafter from East Lodge, west to the site access utilising this section of the C1033 only.

c. Full details of all temporary and permanent works and traffic management measures required to allow over-sail and over-run of abnormal load vehicles outwith the carriageway but within the public road boundary on the abnormal load route.

d. Measures (including temporary signage) to inform road users and local residents of abnormal load movements and periods of heavy construction traffic

e. An un-laden trial run for the abnormal load route along the A836, U1633 and C1033 shall be evidenced

f. Proposed traffic management measures on the proposed section to used of the C1033 to include consideration of an advisory speed limit for construction traffic, temporary signage (for abnormal load movements, highlighting cycle use on NCR1, for the new access etc.) and traffic management proposals at the site access such as a banksman if required. The proposals shall include details of maintenance of the measures.

g. Restriction on the timing of HGV traffic to and from the site to take account of sensitive receptors such as schools.

h. Measures to ensure that construction traffic adheres to the traffic management plan.

i. Measures (including a wheel wash and road sweeping) to ensure that all affected public roads are kept free of mud and debris arising from the development.

• Site Waste Management Plan.
• Construction Noise and Vibration Mitigation Plan which shall include but not necessarily be limited to: 

i. A clear statement of intent that contractors will employ the best practicable means and methods of construction to minimize the impact of noise on neighbouring residents.

ii. An outline of the most significant noise generating activities and operations taking place throughout the development

iii. Identification of the principal noise sensitive receptors

iv. An outline of the principal noise mitigation measures to be implemented, including any specific measures to be employed for particular operations/activities

v. A construction timetable.

vi. The proposed times of operation for construction activity.

vii. The Community liaison arrangements

viii. The complaints procedure for residents who may be affected by the works.

Further guidance is contained within BS 5228: “Code of Practice for Noise and Vibration Control on Construction and Open Sites –Part 1: Noise”.

• Details of the appointment of an appropriately qualified Environmental Clerk of Works with roles and responsibilities which shall include but not necessarily be limited to:

i. Providing training to the developer and contractors on their responsibilities to ensure that work is carried out in strict accordance with environmental protection requirements;

ii. Monitoring compliance with all environmental and nature conservation mitigation works and working practices approved under this consent;

iii. Advising the developer on adequate protection for environmental and nature conservation interests within, and adjacent to, the application site;

iv. Directing the placement of the development (including any micro-siting, if permitted by the terms of this consent) and the avoidance of sensitive features; and

v. The power to call a halt to development on site where environmental considerations warrant such action.

• Details of any other methods of monitoring, auditing, reporting and communication of environmental management on site and with the client and the Planning Authority and other relevant parties.

Reason: To protect the environment from the impacts of construction activities associated with this development.

Condition 11 (colour) 

No development shall commence until an external finish colour for all buildings and the security fencing surrounding this development has been submitted to, and approved in writing by, the Planning Authority. For the avoidance of doubt the agreed colour finish, shall be in a matt dark green, the exact specification of which shall be subject to written agreement. Thereafter, the approved colour, shall be fully implemented on site, unless otherwise agreed in writing with the Planning Authority.

Reason: To minimise the impact of the development on the landscape when initially constructed. 

There being no further business the meeting closed at 11.20 am.