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 22 March 2016 at 11.30 am. 

Mr D Bremner, Mrs I Campbell, Mrs G Coghill, Mr G Farlow, Mr B Fernie, Mr M Finlayson, Mr C Fraser, Mr D MacKay (excluding item 6.1), Mrs I McCallum, Mrs M Paterson, Mr I Renwick, Dr A Sinclair and Ms M Smith.  

Non-Members present:

Mr A Mackinnon and Mr R Greene.

Mr A Mackenzie, Legal Manager (Regulatory Services) and Clerk 

Mr D Jones, Area Planning Manager North

Mr D Mudie, Team Leader, Planning

Mr G Sharp, Planner

Ms G Webster, Planner 

Mr J Danby, Principal Engineer

Mrs A MacArthur, Administrative Assistant

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.  

Apologies were intimated on behalf Mrs A MacLean and Mr D Millar. and Mr G Phillips.  

There were no declarations of interest.  

There had been submitted for confirmation as a correct record the minutes of the meeting of the Committee held on 15 and 16 February 2016 which was APPROVED. 

There had been circulated Report No PLN/013/16 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 planning officer was still awaiting additional information from the applicant in respect of the development at Courthill Road, Rosemarkie and once this was submitted the application would be brought to the next appropriate committee meeting. 

The Committee NOTED the Report.

5.1 Description: Proposed leisure facilities (principally golf related) with associated infrastructure and landscaping (16/00760/PAN) (PLN/014/16)

Ward:  5

Applicant: Royal Dornoch Golf Club per Halliday Fraser Munro

Site Address:  Land 210 m SW of Dornoch Health Centre, Shore Road, Dornoch.

There had been circulated Report No PLN/014/16 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. 

6.1 Applicant: Wind Harvest Ltd (13/04194/FUL) (PLN/015/16) (PLN/026/15)

Location: Land at Hill of Lychrobbie, Dunbeath (Ward 4) 

Nature of Development: Erection of 3 No 800 kw wind turbines, with a height to tip of 74 m, height to hub of 50 m and a rotor diameter of 24 m  

Recommendation: Refuse. 

There had been circulated Report No PLN/015/16 by the Area Planning Manager recommending the refusal of the application for the reasons detailed therein.  The Planning Officer advised that there were still outstanding concerns in relation to landscape, visual impact and air safety that had not been addressed by the applicant following concerns noted at the committee meeting in April 2015. 

The Planning Officer responded to Members comments as follows:

• the visuals were of the standard required by the planning authority;
• the Ministry of Defence objection was understood to relate to the fact that their radar at RAF Lossiemouth would see the turbines as aeroplanes which would have implications on safety;
• the MOD was a statutory consultee qualified to make this objection; the planning officers were not qualified on aviation issues and could therefore not comment on the MOD objection; the applicant had had the opportunity, following the previous meeting in April 2015, to submit a radar mitigation scheme to the MOD, but they had failed to do this;
• the MOD objection was specifically for this application and it had not mentioned the cumulative effect of turbines in the surrounding area;
• there was no power of referral to Scottish Ministers if the application was approved with an MOD objection as there was no regulatory provision to do so and  this was not a devolved function.
• the MOD would have to pursue the matter further if it were so minded if the application were approved
• advice from consultees had to be accepted as officers and members were not qualified to take a different view.

Mrs I McCallum, seconded by Mrs G Coghill moved that Committee agree the recommendation to refuse the application. 

Ms M Smith, seconded by Mr G Farlow, moved as an amendment that the application be granted for the following reasons: 

1. The application should be granted as the visual impact is considered acceptable given its scale, setting and design and thus complies with Policy 67. 
2. Whilst noting the MOD’s objection it is considered that there is no detail or technical reason contained within the objection and therefore on balance committee should disregard this objection.  

The Legal Manager advised that although he was content that the first reason was valid, his opinion was that the second reason was without foundation and was not a valid reason as they had no evidence to take that view. 

Mr D Bremner, seconded by Mr C Fraser, moved as a second amendment that the application be refused for reason 3 of the recommendation (the MOD objection) only.  The visual impact of the application is considered acceptable in terms of Policy 67 given its scale, setting and design.   

On a vote being taken, 4 votes were cast in favour of the first amendment and 8 in favour of the second amendment as follows: 

Mr G Farlow, Mr C Fraser, Mr I Renwick, Ms M Smith

Mr D Bremner, Mrs I Campbell, Mrs G Coghill, Mr B Fernie, Mr M Finlayson, Mrs I McCallum, Mrs M Paterson, Dr A Sinclair

The motion and second amendment were thereafter voted upon and 6 votes were cast in favour of the motion and 5 in favour of the second amendment, with 1 abstention, as follows: 

Mr M Finlayson, Mrs I Campbell, Mrs G Coghill, Mrs I McCallum, Mrs Margaret Paterson, Dr A Sinclair

Mr D Bremner, Mr B Fernie, Mr C Fraser, Mr I Renwick, Ms M Smith

Mr G Farlow

The motion therefore became the finding of the meeting and the Committee AGREED to refuse the application for the reasons stated in the report.

6.2 Applicant:  Mr Richard Pumphrey (15/02287/FUL) (PLN/016/16) (PLN/008/16)

Location:  Land 50 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/016/16 by the Area Planning Manager recommending the refusal of the application for the reasons detailed therein.   

The Area Planning Manager advised that this application had been re-advertised and re-notified to parties directly affected following the first amendment to the application.  Thereafter a second amendment had been made but this had not been re-advertised or re-notified.  The Area Planning Manager therefore requested that members consider this item at a future meeting of the Committee to give time for the application to be re-advertised and re-notified.

The Committee AGREED to defer to a future meeting to allow re-advertisement and re-notification.

7.1 Applicant: Scottish Water (15/04780/FUL) (PLN/017/16) 

Location: Gairloch Waste Water Treatment Works, Fasaich, Strath, Gairloch  (Ward 6) 

Nature of Development: Installation of septic tanks and ground engineering works  

Recommendation: Grant.

There had been circulated Report No PLN/017/16 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein. 

The Committee AGREED the recommendation.

7.2 Applicant: Mr Neil John Stoddart (16/00191/PIP) (PLN/018/16) 

Location: 4 Kilbride, Broadford, Isle of Skye (Ward 11)

Nature of Development: Erection of a new house
Recommendation: Grant.

There had been circulated Report No PLN/018/16 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.  

The Planning Officer responded to Members comments as follows:

• There had been a water main built recently but the application was only for planning in principle and the site was of a sufficient size for the building to be sited away from the water main.

The Committee AGREED the recommendation.

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: Mr I MacDonald (15/00435/S75D/FUL) (POA-270-2005)

Location: Land 50 m East of Woodside, West Park, Strathpeffer, IV14 9BU

Nature of Development:  Discharge of Section 75 Agreement tying house to land to facilitate mortgage. 

The next Planning, Development and Infrastructure Committee would address the use of section 75 agreements in such circumstances and any comments relating to this should be made at that meeting.

8.2 Applicant: Compass Building and Construction Ltd (15/02637/FUL) (PPA-270-2145)

Location: Land at Douglas Row, and former Mace Shop, Station Road, Kyle of Lochalsh,IV140 8AE 

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 

The Committee NOTED that the appeal to the Directorate 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 1.00 pm.