Agendas, reports and minutes

Minute of the meeting of the North Planning Applications Committee held on site at Gordonbush Wind Farm, Ascoile, Strath Brora, by Brora on Monday 15 February 2016 at 11.00 am and in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 16 February 2016 at 10.30 am. 

Committee Members Present: 

Site inspection meeting on 15 February:
Mrs I Campbell, Mrs G Coghill, Mr G Farlow, Mr B Fernie, Mr D MacKay, Mrs I McCallum, Mr G Phillips, Dr A Sinclair and Ms M Smith. 

Scheduled meeting on 16 February:
Mrs I Campbell, Mrs G Coghill, Mr G Farlow, Mr B Fernie (excluding items 7.3 and 7.4), Mr D MacKay, Mrs I McCallum, Mr D Millar (excluding items 6.1 and 7.1), Mr G Phillips (excluding item 7.4), Mr I Renwick (excluding items 1 - 3 and item 6.1), Mr A Rhind (excluding items 6.1 and 7.4), Dr A Sinclair, Ms M Smith (excluding items 7.1 -7.3), and Mr A Mackinnon substituting for Mrs M Paterson (excluding items 6.1 - 8.1). 

Non-Members present: 

Mrs J Barclay 

Officials in attendance: 

Site Inspection Meeting on 15 February:
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 M Walker, Ms R Liddicoat, Mrs V MacIver and Ms A Webster
Brora Community Council: Ms L Bright and Ms K Cunningham
Golspie Community Council: Ms A Ford and Mr I Millar

Scheduled Meeting on 16 February:
Mr A Mackenzie, Legal Manager (Regulatory Services) and Clerk
Mr D Jones, Area Planning Manager North
Mr K McCorquodale, Principal Planner
Mr B Robertson, Principal Planner
Mr C Wishart, Principal Planner
Mrs G Webster, 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:

Site inspection meeting on 15 February 2016: 
Mr D Bremner, Mr M Finlayson, Mr C Fraser, Mrs A MacLean, Mrs M Paterson and Mr I Renwick.

Scheduled meeting on 16 February: 

Mr D Bremner, Mr M Finlayson, Mr C Fraser, Mrs A MacLean, and Mrs M Paterson.

2. Declarations of interest  
Foillseachaidhean com-pàirt 

There were no declarations of interest.

3. Confirmation of minutes 
Dearbhadh a’ gheàrr-chunntais

There had been submitted for confirmation as correct records:

i. the minute of the meeting of the North Planning Applications Committee held on 15 December 2015; and

ii.  the minute of the meeting of the North Planning Applications Committee held on 12 January 2016.

Both the minutes were APPROVED.

4. Major applications  
Iarrtasan mòra 

There had been circulated Report No PLN/004/16 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.

The Committee NOTED the Report. 

5. Major Developments – pre-application consultation 
Leasachaidhean Mòra – co-chomhairle ro-iarrtais

5.1 Description: extension to Bettyhill windfarm comprising 7 turbines with a height to tip of around 125 m, height to hub of 100 m, rotor diameter of around 100 m, with access tracks, power cables, substation, wind monitoring mast, transformers, hardstanding, borrow pit and temporary construction compound (15/04784/PAN)(PLN/005/16)
Ward: 01
Applicant: BH Wind Energy Ltd
Site address: Land at Skelpick Estate, Bettyhill

There had been circulated Report No PLN/005/16 by the Area Planning Manager on the submission of a Proposal of Application Notice (PAN), describing the site and setting out likely relevant policies and potential material planning considerations. 

The Committee AGREED that there were no further material considerations to bring to the applicant’s attention.

5.2 Description: erection of 40 self-catering holiday lodges, self-catering holiday inn comprising of 26 rooms, natural retreats storehouse/café, outfitters retail provision, clubhouse with spa, bar and lounge areas, outside amenities including children’s play area, viewpoints, activity trails and outdoor event space, associated landscaping, associated parking, public courtyard and conference centre (16/00060/PAN) (PLN/006/16) 
Ward: 08 
Applicant: Natural Land 4 LLP (Natural Retreats) 
Site address: Land 700 m NE of Lodge, Balnagown, Kildary 

There had been circulated Report No PLN/006/16 by the Area Planning Manager on the submission of a Proposal of Application Notice (PAN), describing the site and setting out likely relevant policies and potential material planning considerations. 

The Committee AGREED that there were no further material considerations to bring to the applicant’s attention.

6. Continued items
Cuspairean a' leantain

6.1 Applicant: SSE Generation Ltd (15/02598/S36) (PLN/007/16)
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/007/16 by the Area Planning Manager recommending that Committee raise no objection to the application subject to the agreed amendments and conditions detailed therein.

Mrs I Campbell, Mrs G Coghill, Mr George Farlow, Mr B Fernie, Mr D Mackay, Mrs I McCallum, Mr G Phillips, Dr A Sinclair and Ms M Smith had attended the site inspection on the 15 February 2016 and could take part in this item. The remaining members left the chamber.

The Committee had held a site inspection on 15 February 2016 in relation to this item. The site inspection viewed the proposed wind farm development from a number of viewpoints and on site. 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 gave the undernoted updates following the site inspection:

• the objectors were from various areas as outlined in the Report, the Loth residents petition was signed by 24 local residents who had commented on several wind farms in the area;
• the John Muir Trust was a consultee and their objection had been highlighted under the consultee portion of the Report at paragraphs 5.21 and 9.3;
• the Report suggested amendments to the proposals: to remove turbine 15 and the reduction in height of turbine number 11 from 130 m to 115 m blade tip height; and
• it was for the Consent Unit to decide whether this application would be re-advertised with the amendments.

Members had the following concerns: 

• had the West Garty windfarm mentioned by the officer been to Committee?
• the noise condition in this report differed from the one that had previously been circulated, there would be additional noise which would cause a cumulative effect but the properties affected were well within the tolerances allowed;
• although we were aware of approximately 50 houses in the area only 10% of these had objected;
• why had a consultation been sought from the John Muir Trust, they had a different objective from the Planning Committee and had not attended the site visit;
• the site visit had been very beneficial but there was a concern with the peatland in the area and how this would be protected by a deer management plan; 
• why had turbine 15 been removed and the seemingly more prominent turbine 11 just reduced in height and not removed? and
• Members were pleased to see the condition at 8.13 of the Report to address the wear and tear issues to the roads being used by the developer;

The Planning Officer responded as follows:

• the West Garty windfarm had been consulted upon by local members and an objection had been raised by the planning office; 
• the houses in the area would hear the wind farm but at levels deemed acceptable in terms of environmental health standards; 
• a section 36 application was different from the usual planning application in that the Council were not the lead body, the lead body was the Energy Consent Unit and they had consulted with the John Muir Trust and its response had therefore been included in the papers; 
• the overgrazing of deer damaged the peatland habitat, with this active deer management programme from the Gordonbush Estate, the habitat would be protected;
• there was a delicate balance for the Estate between managing the deer numbers and ensuring there was no detriment to the economic interest of the estate; and
• although turbine 11 was the closest turbine to the road by reducing the hub height to the top of the tree level it would only be the tips that would be visible;

The Committee AGREED to raise no objection subject to:

a) an amendment to the scheme to remove turbine 15 from the layout and to reduce turbine 11 from 130 m to 115 m max blade tip height; and

b) the conditions detailed in the report.

7.  Planning applications to be detemined
Iarrtasan dealbhaidh rin dearbhadh

7.1 Applicant: Mr Richard Pumphrey (15/02287/FUL) (PLN/008/16) 
Location: Land 500 m NW of Leathley Lodge, Bogrow, Edderton (Ward 5) 
Nature of development: formation of riding centre with associated access and parking (in retrospect), ménage and floodlights, installation of caravan and portable office building (as amended) 
Recommendation: Grant.

There had been circulated Report No PLN/008/16 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

Mr B Robertson advised that condition 6 should be re-worded to read:

“All development works associated with the formation of the access point to the public road shall be completed before any further works on the rest of the development as a riding centre are undertaken, as shown on the Access Layout Plan doquetted hereto, to the satisfaction of the Planning Authority in consultation with the Roads Authority. For the avoidance of doubt visibility splays of 2.5 m x 90 m shall be provided, and that the BT pole within the southern access splay shall be removed before the commencement of any development.

Members’ comments included the following: 

• this development had been the subject of acrimonious discussions at the local community council for some considerable time, horse riders travelled up this road to the forestry area and held up vehicular traffic, this was a source of discontent in the area, this could have been mitigated by moving the development further up the hill; 
• although there were several objections few had genuine planning reasons;
• the parking area was unsuitable and it was unfortunate that with a whole field the parking had been placed directly in front of Leathley Lodge, applicants would have been advised against this if they had applied for planning permission before starting the development; and
• what distance was the parking area from Leathley Lodge?

The Planning Officer responded as follows:

• the parking area was 15 metres from Leathley Lodge.

The Committee AGREED to defer consideration of the application to a future Committee and in the meantime to ask the applicant to revise his application to move the location of the parking area.

7.2 Applicant: Perle Hotels (15/03348/FUL) (PLN/009/16) 
Location: Within the rear grounds of the Bosville Hotel, Bosville Terrace, Portree, Isle of Skye (Ward 11)
Nature of development: erection of new buildings to accommodate four en- suite bedroom units and spa / treatment facilities  
Recommendation: Grant.

There had been circulated Report No PLN/009/16 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

The Senior Engineer (Development Management) stated that the planners had made an “on balance” approach taking the objection from the Roads Department into consideration. There were some concerns regarding road safety, but having checked the accident record there had been no injury accidents on this part of the road, and it was a slower part of the road. There was disappointment expressed however, that no opportunity had been taken to add some parking to the rear of the hotel.

Members’ comments included the following: 

• there was a considerable parking problem in Portree and it was hoped in the future that the hotel could look into providing some parking to the rear of the building; 
• a restaurant application had recently been approved in Portree on a much more dangerous corner with no parking;
• this development would provide four additional rooms in a quality hotel and was to be welcomed; and
• the provision of disabled parking was practically impossible in this area of the town.

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

7.3 Applicant: Grieg Seafoods Ltd (15/03667/FUL) (PLN/010/16) 
Location: Rubha Riadhain, Uig Bay, Skye (Ward 11) 
Nature of development: proposed new salmon farm
Recommendation: Grant.

There had been circulated Report No PLN/010/16 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

Members’ comments included the following:

• concern in relation to the wild salmon and sea trout with the concentration of sea farms in the area, the salmonids could be overwhelmed by sea lice; 
• the effect of the fish farm on the sea bed; and
• the possibility of a condition relating to noise.

The Planning Officer responded as follows:

• the effect on the sea bed was mitigated with the very calculated and now very sophisticated feeding of the fish, where relatively little food remained to fall to the sea bed, and this would be monitored by SEPA on a regular basis;
• a video survey of the sea bed had also been undertaken and approved by SEPA and SNH; and
• the issue of noise had not come up during the consultation, probably because people in the Uig Bay area were used to a certain amount of marine and road traffic going to and fro which means that it is not a particularly quiet location. The generators on fish farms are muffled now so there should not be a problem in this instance. However, a noise-control condition could be added if the councillors felt it was warranted;

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

7.4 Applicant: Mr Campbell Moffat per Knight and MacDonald Architects (15/03880/PIP) (PLN/011/16) 
Location: Land 70 m South of Scourie Village Hall, Scourie (Ward 1) 
Nature of development: erection of two houses
Recommendation: Approve.

There had been circulated Report No PLN/011/16 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

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

7.5 Applicant: Mr Kolyo Zarbov (15/04190/FUL) (PLN/012/16) 
Location: 51 Princes Street, Thurso, KW14 7AB (Ward 2) 
Nature of development: change of use from library to hot food takeaway  
Recommendation: Grant. 

There had been circulated Report No PLN/012/16 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

Members’ comments included the following: 

• the majority of objections had not been relevant planning objections; 
• concerns over environmental health issues; and
• issues with parking in the area.

The Planning Officer responded as follows:

• the majority of objections related to licence conditions and would be considered if the premises requested trading after 11.00 pm at night;
• Environmental Health Service had the power to shut down the premises if the applicant did not meet their requirements; the planning conditions in relation to the extract ventilation system and flue would be monitored with enforcement action by the planning service on non-compliance; and
• no objection had been made by the transport authority in relation to parking.

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

8. 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

8.1 Applicant: Kinburn (123) LLP (15/02894/FUL) (PPA-220-2139)
Location: Scotia House, Dudgeon Park Road, Brora, KW9 6NA
Nature of development: erection of new steel framed whisky storage warehouses (8,845 sq m) and associated landscaping

The Committee NOTED that the appeal to the Director of Planning and Environmental Appeals had been allowed, subject to the conditions listed at the end of the decision notice.

There being no further business the meeting closed at 12.45 pm.