Agendas, reports and minutes

 

Minutes of Special Meeting of the Planning Review Body held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 11 February 2016 at 10.30am.

Present:

Dr A Sinclair, Mrs I Campbell, 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 – 4.3)
Mr M Reiss in the Chair (Item 4.4 – 4.6) 

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

Apologies for absence were received from Mr D Fallows and Mr G Farlow.

2.       Declarations of Interest

Item 4.1 – Mrs I McCallum (non-financial)
Items 4.4, 4.5 and 4.6 – Mrs I Campbell and Dr A Sinclair (all non-financial)

3.       Criteria for Determination of Notices of Review

The Clerk confirmed that, for all subsequent items on the agenda, Members had contained in their USB Flash Drives 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.

4.       New Notices of Review to be Determined

4.1   New holiday home on site of redundant BT Repeater Station, Artafallie, North Kessock – 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 item.

There had been circulated Notice of Review 15-00048-Anderson for a proposed new holiday home on site of redundant BT Repeater Station, Artafallie, North Kessock, 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 3 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 were of the view that the requests from the applicant for a site visit, to submit further written information and to arrange a hearing were not required.

Debate and Decision 

Prior to discussion, the Independent Planning Adviser reminded the Planning Review Body that the application had been deferred from its meeting held on 26 November 2015 to seek clarification on the ownership of the application site.  He explained that the land ownership certificate had to be served on a second party due to some of the land being outwith the site under the applicant’s ownership and that this had not taken place until after the application had been submitted.  He reaffirmed the Clerk’s confirmation that the application was competent and advised that the correct land ownership certificates had now been served. 

The Independent Planning Adviser also reminded Members that whilst Transport Scotland had not objected to this application, it had raised an objection in relation to a separate development in the area due to the condition of the A9 road junction at Munlochy.  He advised that it was for the Review Body to decide whether the objection raised by Transport Scotland in relation to the separate development could be considered a material consideration in its determination of the application. 

Thereafter, and having considered the supporting paperwork, the Planning Review Body discussed the Notice of Review.

Following a request by Members, the Independent Planning Adviser provided additional views of the application site on Google Earth and Streetview.  In response to a question he advised that the brownfield portion of the site was the existing building itself and its curtilage.

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

• The proposed development would only meet the exception to Hinterland policy if it was considered to serve a business need.
• The existing building on the site was small and redundant.
• The brownfield area only formed a small part of the application site and served no other particular purpose.
• The proposed development was for tourist accommodation; however, the applicant had also stated the house could be used by professionals and temporary workers.
• Concern was expressed that the proposed house would be outwith the original brownfield site.
• Whilst the site was within the Hinterland, there were already several houses in the area.
• The proposed use of the house as either a holiday let or by working professionals should be considered as a business use.

Thereafter, the Review Body APPROVED the Notice of Review on the grounds that the application fitted the exception 6 to Policy 35 of the HWLDP in that it was redevelopment of a brownfield site and the development was accepted as having a wider environmental benefit, subject to conditions to be delegated to the Independent Planning Adviser and the Clerk in consultation with the Chair.

Mrs I McCallum returned to the meeting.

4.2   Planning Permission in Principal for the Erection of 8 houses on Land 80m SE of Wemyss House, Nigg, Tain – Castle View International Holdings Ltd, 15/00718/PIP, 15/00072/RBREF (RB-01-16)

There had been circulated Notice of Review 15-00072- Castle View International Holdings Ltd for planning permission in principal for the erection of 8 houses on Land 80m SE of Wemyss House, Nigg, Tain, for Castle View International Holdings Ltd.

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 3 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 were of the view that the requests from the applicant for a site visit 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.

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

Points raised in discussion included that, whilst the site could cope with additional housing, as had been previously identified by planners, it was a question of what scale of housing could be considered appropriate.  In addition, the appropriateness or otherwise of the courtyard style design was raised.  Concern was also expressed regarding the scale of the proposed development within the context of the existing housing, as this would be out of keeping with the surrounding area.

In response to questions, the Independent Planning Adviser explained that whilst the Review Body could exercise a degree of control by asking for conditions in relation to phasing of the development, this could be difficult to impose due to market demand.  In relation to tree boundaries, he advised that a felling license had been applied for; however, the two “L” shaped areas would be restocked.

During further discussion, a number of additional points were raised including, the proposed development did not reflect the predominantly agriculture character of the area and would therefore affect amenity; the land had been described as boggy and careful consideration should be made as to whether there would be any likely consequences by allowing planning permission; and that whilst the site looked like a reasonable site for a small number of houses, concern was expressed at the scale and the nature of development.

In response to concerns expressed regarding flooding and drainage issues, the Independent Planning Adviser explained that a drainage impact assessment should be undertaken prior to any grant of planning permission.  He advised that if the Review Body was of the view that there was potential for a smaller development to be located on this site then concerns regarding drainage and flooding should be highlighted to the applicant.

The Review Body DISMISSED the Notice of Review on the grounds as set out in the appointed officer’s decision notice and NOTED that the decision notice would include advice to the applicant that if a further application was to be submitted then this should be accompanied with supporting information regarding land drainage.

4.3   Erection of House and Garage on Land between Windrush and Suidheachan, Culcharry, Nairn – Mr & Mrs D Ferguson, 15/01256/FUL, 15/00077/RBREF (RB-03-16)

There had been circulated Notice of Review 15-00077-Ferguson for erection of a house and garage on land between Windrush and Suidheachan, Culcharry, Nairn, for Mr & Mrs D Ferguson.

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 3 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.

Debate and Decision 

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

The Chair summarised that the key issue for Members to consider was whether the proposed house and garage would be out of keeping in the context of the surrounding housing development.

Points raised in discussion included that, whilst the principle of development on the site was well accepted, contrasting views were expressed regarding the design of the proposed house and whether it was in keeping with the surrounding houses; had the same policies which had been applied to the proposed house been used when the existing houses in the surrounding area were approved then it was unlikely that they would have been built; the sloped nature of the site and whether this would impact on the visual amenity of neighbouring properties; the visibility of the two storey element of the house; and the Passifhaus design of the house was welcomed.

No consensus having been reached between the Members, the Chair, seconded by Mr B Lobban, moved that the Notice of Review be APPROVED on the basis that:-

• the proposed development would not be contrary to policies 28 and 29 of the Highland-wide Local Development Plan.
• there would be no clash with either the design or siting issues raised by the planning officer as concerns.
• Members were supportive of the Passifhaus credentials of this particular design.

As an amendment, Mrs I McCallum moved that the Notice of Review be DISMISSED on the grounds as set out in the appointed officer’s decision notice, but failed to find a seconder and the amendment fell.

There being no Amendment to the Motion the Chair declared it to be the finding of the Meeting and the Notice of Review was APPROVED for the reasons stated, and subject to conditions to be delegated to the Independent Planning Adviser and the Clerk in consultation with the Chair.

4.4   Installation of Pontoon, Gangway, Mooring Blocks, Ticket Booth and Seating Area on Land 60M SW of Tourist Information Car Park, Ferry Road, Kyle – Mr N Smith, 14/04060/FUL, 15/00071/RBREF (RB-04-16)

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 and the remaining items.

Mr M Reiss took the chair for this and the remaining items.

There had been circulated Notice of Review 15-00071-Smith for the installation of pontoon, gangway, mooring blocks, ticket booth and seating area on land 60M SW of tourist information car park, Ferry Road, Kyle, for Mr N Smith.

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 3 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.

Debate and Decision 

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

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

The Clerk highlighted a discrepancy in the application in relation to what elements of the proposed development were within the jurisdiction of the Council as the planning authority.  She explained that, whilst the application had been accepted by the planning service with the plans submitted, the planning authority’s jurisdiction only applied as far as the mean low water springs limit.  Therefore, the only elements of the application the Review Body should consider were the gangway up to mean low water springs, the ticket booth and the seating area.  She advised that the elements of the proposed development below mean low water springs, namely the remaining part of the gangway and the proposed pontoon fell within the jurisdiction of Marine Scotland and that a license for these elements had been applied for by the applicant.  In response to a question she clarified that the reasons for refusal within the appointed officer’s notice of refusal were in relation to the pontoon; however, this was not within the Council’s jurisdiction. Any decision by Members to approve the development would have to make clear what elements of the application had been approved by the Review Body. Thereafter, the Independent Planning Adviser clarified the elements of the notice of refusal which the Review Body should consider in its decision making.

In response to concerns raised by Members that approval of the application would enable the applicant to erect the ticket booth and seating area without prior approval of the marine license for the pontoon, the Independent Planning Adviser provided reassurance that, if the Review Body was minded to uphold the Notice of Review, a suspensive condition could be included requiring no development to take place until a license for the seaward elements of the development was in place.  In addition, an informative could be included in the decision notice emphasising that the grant of planning permission would not be the only permission required in order to carry out the development.

The Review Body APPROVED the part of the application within the jurisdiction of the planning authority, subject to conditions to be agreed with the Vice Chair, to include a suspensive condition whereby no development shall commence until a marine license for the seaward elements of the proposed development had been granted by Marine Scotland and an informative note indicating that Planning Permission was not the only permission necessary for the development.

4.5   Erection of Dwelling House on Land 100M SW of 31 Mellon Charles, Aultbea – Mr R Wiseman, 15/01752/PIP, 15/00078/RBREF (RB-05-16)

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.

There had been circulated Notice of Review 15-00078-Wiseman for erection of dwelling house on land 100M SW of 31 Mellon Charles, Aultbea, for Mr R Wiseman.

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 3 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.

Debate and Decision 

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

Following a request by the Chair, the Independent Planning Adviser provided additional views of the application site on Google Earth and Streetview.

The Chair summarised that the key issue for Members to consider was that there were a scatter of houses in a settlement area and that the proposed development would be much closer to the “Old Drying Green” than the minimum distance of 30 metres permitted between two properties in this area.

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

• Several other properties within the settlement area were separated by similar distances to that of the proposed house and the existing dwelling.
• Whether the demand for plots in the area was a reason to have one beside another property.
• The applicant had failed to provide sufficient grounds for the Review Body to go against Council policy of maintaining the settlement pattern in an area of this type.
• The scattering of houses in rural areas made them attractive places to live and should be protected to prevent them from becoming a cluttering of houses.
• The proposed house was not too far away from the existing settlement pattern and would not be out of keeping with other dwellings in the area.

In response to a question regarding the position of the proposed house within the application site, the Independent Planning Adviser explained that as the application was for planning permission in principle, the exact siting of the house had not yet been fixed and that whilst it would be possible, by condition, to have the siting of the house moved, this was dependent on land ownership so as to allow for sufficient amenity space between property boundaries.

During further discussion, attention was drawn to the supporting plans provided by the applicant and it was highlighted that there were a number of houses in the surrounding area with varying distances less than that of the proposed house to the “Old Drying Green”.  The view was expressed that there was therefore very little difference between the proposed house and a number of houses which had already been built in the immediate vicinity.  Conversely, whilst it was acknowledged that this had been the case with a number of houses in the past, the view was expressed that this should not necessarily set a precedent and that the basic settlement style of the area should be protected. 

No consensus having been reached between the Members, Mr B Lobban, seconded by Mr R Saxon, moved that the Notice of Review be APPROVED on the basis that the proposed development would not be contrary to policies 28, 29 34, 57 and 61 of the Highland-wide Local Development Plan.  As an amendment, Mr T Prag, seconded by the Vice-Chair, moved that the Notice of Review be DISMISSED on the grounds as set out in the appointed officer’s decision notice.

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

Motion (2): Mr B Lobban and Mr R Saxon

Amendment (3): Mrs I McCallum, Mr T Prag, Mr M Reiss

Abstentions (0)

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

4.6   Erection of House on Land 150 West of Broombank, Heights of Fodderty, Strathpeffer – Mr K Taylor, 15/02077/FUL, 15/00080/RBREF (RB-06-16)

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.

There had been circulated Notice of Review 15-00078-Wiseman for erection of house on land 150 West of Broombank, Heights of Fodderty, Strathpeffer, for Mr K Taylor.

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 3 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 requested sight of Google Earth and Streetview.  The Independent Planning Adviser provided this.

Thereafter, the Review Body AGREED that its requirement for information had been satisfied by the Notice of Review documentation contained in Members’ USB Flash Drives, as supplemented by Google Earth and Streetview.

Debate and Decision 

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

In discussion, whilst expressing sympathy with the applicant, Members were of the view that the proposed development would be contrary to Council policy on Hinterland as the application site represented a sub-division of a croft and the proposed house was not essential for the management of the site.

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

The meeting ended at 12.35 p.m.